New Hampshire Smokeless Tobacco Settlement

Questions, call
1-800-760-5159

Frequently Asked Questions and Answers

Why did I receive the Notice in the mail?
Who is covered by the Settlement? How do I know if I am a Settlement Class Member?
What benefits are available to me?
What is this lawsuit all about?
What do I have to do at this time?
How do I file a Claim? Do I need to file a Claim?
When can I expect my Settlement benefit?

1. Why did I receive this Notice in the Mail?

You received notice of this Settlement because you have been identified as a potential Settlement Class Member in the New Hampshire Smokeless Tobacco Class Action Settlement. The Notice summarizes the terms of the Settlement and informs you of your legal rights. The Court has preliminarily approved the Settlement and ordered the publication of a written Notice.

2. Who is covered by the Settlement? How do I know if I am a Settlement Class Member?

You may be a member of the Settlement Class if you were of legal age to purchase tobacco and purchased U.S. Smokeless moist smokeless tobacco products, including Copenhagen and Skoal, at any time from January 1, 1990 to March 7, 2008 in New Hampshire. U.S. Smokeless Tobacco, its parents, subsidiaries, affiliates and employees are excluded from the Settlement Class.

3. What benefits are available to me?

If the Court approves the proposed Settlement, eligible Class Members who submit a valid Claim Form by May 2, 2009, will receive a package of coupons worth approximately $924.00 in discounts for future purchases of U.S. Smokeless Tobacco Company products, including Copenhagen, Skoal, Rooster or Red Seal moist smokeless tobacco products. In order to receive these coupons, you must submit a valid Claim Form by May 2, 2009, either on-line by clicking here or by mailing your Claim Form addressed to: Claims Administrator, New Hampshire Smokeless Tobacco Settlement, P.O. Box 1926, Faribault, MN 55021-7181.

4. What is this lawsuit all about?

Plaintiffs alleged that U.S. Smokeless Tobacco engaged in sales practices that made it possible for U.S. Smokeless Tobacco to monopolize the market for moist smokeless tobacco products in violation of the New Hampshire consumer protection laws. U.S. Smokeless Tobacco expressly denies that it engaged in any wrongful or illegal sales practices or other conduct, and has asserted numerous defenses to the Plaintiff’s claims in the Litigation. The Court has not decided in favor of the Plaintiffs or U.S. Smokeless Tobacco. Instead, both sides agreed to enter into negotiations, and the parties reached this settlement with the help of a neutral mediator.

5. What do I have to do at this time?

The options that you have are as follows:

First, you can stay in the Settlement Class, and submit a Claim Form to become eligible for a Coupon Package. If you would like to submit a Claim Form, you may choose the following methods:

1) Complete the online Claim Form process on this website by clicking here.

2) Call the Claims Administrator toll free at 1-800-760-5159 to request a Notice and Claim Form be mailed to you, or download a Notice and Claim Form by clicking on Notice and Claim Form. Mail your completed Claim Form to the Claims Administrator at:

New Hampshire Smokeless Tobacco Settlement Administrator
P.O. Box 1926
Faribault, MN 55021-7181

All Claim Forms must be submitted, either by mail or on this website, no later than May 2, 2009.
Second, you can exclude yourself from the Settlement Class by mailing a letter or postcard stating your name, address, telephone number and statement that you wish to be excluded. Your completed Request for Exclusion must be sent to Counsel and filed with the Court no later than May 16, 2008. Further information and instructions can be found in the Notice by clicking on Notice and Claim Form. This deadline has passed.
Third, you can stay in the Settlement Class but Object to the Settlement. Any written objections to the Settlement must be in writing and mailed to Counsel and filed with the Court no later than May 16, 2008. Further information and instructions can be found in the Notice by clicking on Notice and Claim Form. This deadline has passed.

6. How do I file a claim? Do I need to file a Claim?

If you wish to participate in the proposed Settlement, you must submit a valid Claim Form no later than May 2, 2009. You can choose one of the following methods to submit a Claim Form:

Complete the online Claim Form process on this website by clicking here.
Call the Claims Administrator toll free at 1-800-760-5159 to request that a Notice and Claim Form be mailed to you, or download a Notice and Claim Form by clicking on Notice and Claim Form. Mail your completed Claim Form to the Claims Administrator at:

New Hampshire Smokeless Tobacco Settlement Administrator
P.O. Box 1926
Faribault, MN 55021-7181

All Claim Forms must be submitted, either by mail or on this website, no later than May 2, 2009.

You will not need to submit proof of purchase of U.S. Smokeless Tobacco’s products when you submit your Claim Form, but you will be required to state that you were of legal age to purchase tobacco as of March 7, 2007.

7. When can I expect my settlement benefit?

The Claims Administrator will issue coupon packages to eligible Settlement Class Members who submit a valid Claim Form upon the Court’s final approval of the Settlement and entry of a final judgment. A hearing was held on June 9, 2008 for the Court to consider whether to give final approval to the Settlement. One of the class members has objected to the Settlement and appealed the Courts Order granting final approval of the Settlement. Under the terms of the Settlement approved by the Court, U.S. Smokeless Tobacco Company is not authorized to distribute coupons until the appeal is resolved. Further information will be posted when it becomes available. Once the Court gives final approval to the Settlement, you can expect to receive your coupons within 6-8 weeks after you submit a valid claim form. However, coupons will be made available only while supplies last.