Frequently Asked Questions
The Court directed that this Notice be provided because you have a right to know about a proposed settlement that has been reached in a class action lawsuit and about all of your options before the Court decides whether to grant final approval to the Settlement.
If the Court approves the Settlement, and after objections or appeals, if any, are resolved, the Settlement Administrator appointed by the Court will distribute the benefits that the Settlement allows. This Notice explains the lawsuit, the Settlement, your legal rights, what benefits are available, who is eligible for them, and how to get them.
The Court in charge of this case is the Superior Court of the State of California for the County of Los Angeles. The case is known as Cliburn v. One Source to Market, LLC d/b/a Hexclad Cookware, Inc., No. 23STCV28390 (L.A. Super. Ct.) (the “Action”). The people who filed the lawsuit are called Plaintiffs and the company they sued, One Source to Market, LLC d/b/a Hexclad Cookware, Inc., is called the Defendant.
Plaintiffs claim HexClad falsely advertised, labeled, and marketed the non-stick coating of certain products, including, but not limited to, claims that the products were “non-toxic,” “metal utensil safe,” “PFAS Free, “PFOA Free,” or otherwise free from certain chemicals.
Defendant has denied and continues to deny any and all allegations of wrongdoing, fault, liability, or damage of any kind.
In a class action, one or more people called Class Representatives (in this case, Khushbu Didwania, Pratikkumar Patel, Benjamin Adams, Mandy Cliburn, Matthew Cliburn, Randi Gurka, Dana Swoyer, and Lori Cimonetti) sue on behalf of people who have similar claims. If the Court “certifies” a class, including for purposes of a settlement, the Class Representatives are allowed to pursue their cases along with those who have similar claims, and all these people are called a Class. If there is a “class,” the Court overseeing the litigation and this proposed Settlement will resolve the issues for all Settlement Class Members, except for those who exclude themselves from the Settlement Class.
The Court did not decide in favor of the Plaintiffs or HexClad. Instead, the parties negotiated a settlement that allows them to avoid the risks and costs of lengthy and uncertain litigation and the uncertainty of a trial and appeals. It also allows Settlement Class Members to be compensated without further delay. The Class Representatives and their attorneys think the Settlement is best for all Settlement Class Members.
You are part of this Settlement as a Settlement Class Member if you purchased one or more of the Eligible Products listed below.
The Eligible Products include:
a. 1 QT Hybrid Pot Lid;
b. Hybrid Fry Pan 7”;
c. 8” HexClad Hybrid Pan;
d. 10” HexClad Hybrid Pan;
e. 10” Hybrid Wok;
f. 12” HexClad Hybrid Pan;
g. 12” Hybrid Wok;
h. 14” HexClad Hybrid Pan with Lid;
i. 14” Hybrid Wok with Lid;
j. Hybrid Griddle Pan 12”;
k. Hybrid Griddle Pan 13”;
l. 5 QT Saucepan;
m. HexClad Hybrid 1 QT Pot With Lid;
n. HexClad Hybrid 10 QT Stock Pot With Lid;
o. HexClad Hybrid 2 QT Pot With Lid;
p. HexClad Hybrid 3 QT Pot With Lid;
q. HexClad Hybrid 8 QT Pot With Lid;
r. HexClad Hybrid 10 QT Stock Pot With Lid;
s. Hybrid Deep Sauté Pan with Lid 5.5QT;
t. Hybrid Deep Sauté Pan/Chicken Fryer with Lid 7QT; or
u. Any sets in which any of the HexClad Hybrid pans are included, such as:
i. the Hybrid Perfect Pots & Pans Set (12 PC);
ii. 13 PC HexClad Hybrid Cookware Set;
iii. 6 PC HexClad Hybrid Cookware Set;
iv. 20 PC HexClad All-In Bundle;
v. Complete Kitchen Bundle;
vi. HexClad Ultimate Everything Collection;
vii. Essentials Bundle;
viii. Level-Up Bundle; Starter Bundle;
ix. Family Pasta Bundle; or,
v. any such variations of any sets that included the pans sold with or without a lid.
Yes. Excluded from the Settlement Class are: (a) all persons who are employees, directors, officers, and agents of Defendant or its subsidiaries and affiliated companies; (b) persons and entities that timely and properly exclude themselves from the Class; and (c) the Court, the Court’s immediate family, and Court staff.
If you are still not sure whether you are included, you can send an email to [email protected], call 1-866-507-0323, or visit www.HexCladSettlement.com for more information.
The Settlement provides Settlement Class Members with cash payments.
Defendant has agreed to pay a total of $2,500,000 into a Settlement Fund. After deducting the costs of notice and settlement administration, Court-approved attorneys’ fees and expenses, and Class Representative service awards, the net Settlement Fund will be used to pay Settlement Class Members who submit a valid Claim Form. Claims will be paid on a pro rata basis to Settlement Class Members who submit a valid Claim Form.
In addition, Defendant will stop advertising any product containing PTFE or any chemical in the PFAS family as “PFAS free” or “PFOA free” or as “non-toxic.”
To qualify for a cash payment, you must complete and submit a Claim Form by November 14, 2025. Claim Forms are available and may be filed online at www.HexCladSettlement.com. Claim Forms are also available by sending an email to [email protected], calling 1-866-507-0323, or by writing to: Cliburn v. One Source to Market, LLC d/b/a Hexclad Cookware Settlement Administrator, P.O. Box 301172, Los Angeles, CA 90030-1172.
The Court will hold a Final Fairness Hearing at 10:00 a.m. on September 15, 2025, to decide whether to approve the Settlement. If the Court approves the Settlement, there may be appeals. It is always uncertain whether any appeals can be resolved favorably, and resolving them can take time, perhaps more than a year.
Unless you exclude yourself from the Settlement, you will release certain legal claims as they relate to the Settlement. This means that you will no longer be able to sue, continue to sue, or be part of any other lawsuit against: (a) Defendant, and each of its past, present, and future employees, assigns, attorneys, agents, advertising agencies, consultants, officers, and directors; (b) all of Defendant’s past, present, and future parents, subsidiaries, divisions, affiliates, predecessors, and successors, and each of their respective employees, assigns, attorneys, agents, resellers, officers, and directors; and (c) all persons, entities, or corporations involved in any way in the development, creation, sale, advertising, labeling, and/or marketing of the Eligible Products (the “Released Parties”) about the claims made in this Action and released by the Settlement Agreement. You will be legally bound by all of the Court’s orders, as well as the “Released Claims,” below.
“Released Claims” means and includes any and all claims, demands, rights, damages, obligations, suits, debts, liens, and causes of action under common law or statutory law (federal, state, or local) of every nature and description whatsoever, ascertained or unascertained, suspected or unsuspected, existing or claimed to exist, including unknown claims as of June 6, 2025 by all of the Plaintiffs and all Settlement Class Members (and Plaintiffs’ and Settlement Class Members’ respective heirs, guardians, executors, administrators, representatives, agents, attorneys, partners, successors, predecessors-in-interest, and assigns) that: were asserted or that could have been reasonably asserted in the Action against the Released Parties, or any of them, and that arise out of or are related in any way to any or all of the acts, omissions, facts, matters, transactions, or occurrences that were or could have been directly or indirectly alleged or asserted in the Action including, but not limited to, alleged violations of state consumer protection, unfair competition, and/or false or deceptive advertising statutes; breach of express or implied warranty (including, but not limited to, claims arising under state law and/or the Magnuson-Moss Warranty Act); unjust enrichment, restitution, declaratory or injunctive relief, and other equitable claims or claims sounding in contract and tort; and relate in any way to the advertising, labeling, or marketing of the Eligible Products through any medium (e.g., on-label, internet, or otherwise). More information about the Release Claims can be found in the Settlement Agreement, available under the Case Documents tab.
To exclude yourself from the Settlement, you must send a letter to the Settlement Administrator by mail postmarked no later than August 5, 2025. Your letter must include:
1) your full name and current address;
2) a clear statement that you elect to be excluded from the Settlement in Cliburn v. One Source to Market, LLC d/b/a Hexclad Cookware, Inc., No. 23STCV28390 (L.A. Super. Ct.);
and
3) your personal signature.
Mail your exclusion request, postmarked no later than August 5, 2025, to:
Cliburn v. One Source to Market, LLC d/b/a Hexclad Cookware Settlement Administrator
P.O. Box 301172
Los Angeles, CA 90030-1172
No. If you exclude yourself from the Settlement, do not send in a Claim Form to ask for a cash payment because you will no longer be eligible for one.
No. If you stay in the Settlement (i.e., do nothing or do not exclude yourself from the Settlement), you give up any right to separately sue HexClad for the claims released by the Settlement Agreement.
Yes. The Court appointed Brian C. Gudmundson of Zimmerman Reed LLP, Christopher D. Jennings of Jennings PLLC, and David S. Almeida of Almeida Law Group to represent you and other Settlement Class Members. These lawyers are called Class Counsel. These lawyers and their firms are experienced in handling similar cases. You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.
If the Settlement is approved and becomes final, Class Counsel will ask the Court to award attorneys’ fees of up 33 1/3% of the Settlement Fund plus reasonable litigation expenses, as well as $2,500 Service Awards to each of the Class Representatives.
If approved, these amounts, as well as the costs of notice and settlement administration, will be deducted from the Settlement Fund before making payments to Settlement Class Members who submit valid Claim Forms.
If you are a Settlement Class Member, you can object to the Settlement if you do not like it or a portion of it. You can give reasons why you think the Court should not approve the Settlement. The Court will consider your views before making a decision.
To object, you must file a written objection with the Court and mail copies of your objection to Class Counsel and Defendant’s Counsel by August 5, 2025.
Your objection must include:
1) the name of the case (Cliburn v. One Source to Market, LLC d/b/a Hexclad Cookware, Inc., No. 23STCV28390 (L.A.
Super. Ct.));
2) your full name, current address, and telephone number;
3) your email address;
4) a sworn statement containing the facts that support your belief that you are a member of the Settlement Class;
5) a detailed explanation of the reasons why you object to the Settlement, including the legal and factual support for and any evidence supporting your objection;
6) if you have retained an attorney,
- the name, address, telephone number, and email address of your attorney;
- the state bar(s) to which your attorney is admitted; and
- a list of all other class actions in which you or your attorney has presented objections over the last five years (whether or not you or your attorney both appeared in the matter);
7) a statement indicating whether you or your attorney intend to appear at the Final Fairness Hearing; and
8) your personal signature in ink.
Your objection must be mailed to the Clerk of the Superior Court of the State of California for the County of Los Angeles, Spring Street Courthouse, 312 North Spring Street, Los Angeles, CA 90012 by August 5, 2025. You must also mail copies of your objection to Class Counsel and Defendant’s Counsel postmarked no later than August 5, 2025, at the addresses below. If you have retained an attorney, your attorney is required to provide a notice of appearance to the Settlement Administrator and to file the notice of appearance with the Court.
Objecting is telling the Court that you do not like something about the Settlement. Excluding yourself is telling the Court that you do not want to be part of the Class in this Settlement. If you exclude yourself from the Settlement, you have no basis to object or file a claim because the Settlement no longer applies to you.
The Court will hold a Final Fairness Hearing at 10:00 a.m. on September 15, 2025, at the Spring Street Courthouse, 312 North Spring Street, Los Angeles, California 90012. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. The Court will take into consideration any properly filed written objections and may also listen to people who have asked to speak at the hearing (see Question 22). The Court will also decide whether to approve payments of fees, expenses, and service awards.
No. Class Counsel will answer any questions the Court may have. But, you are welcome to come at your own expense. If you file an objection, you do not have to come to Court to talk about it. You may also hire your own lawyer to attend, at your own expense, but you are not required to do so.
Yes, you may ask the Court for permission to speak at the Final Fairness Hearing. To do so, you must follow the instructions provided in Question 18 above. You cannot speak at the hearing if you exclude yourself from the Settlement.
If you do nothing, you will not receive a cash payment from this Settlement. If the Court approves the Settlement, you will be bound by the Settlement Agreement. This means you will not be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against the Defendant or the Released Parties about the issues resolved by this Settlement and released by the Settlement Agreement.
More details are available in the Settlement Agreement, which is available at www.HexCladSettlement.com. You may also email [email protected], call 1-866-507-0323, or write to: Cliburn v. One Source to Market, LLC d/b/a Hexclad Cookware Settlement Administrator, P.O. Box 301172, Los Angeles, CA 90030-1172.
Please do not call the Court or the Clerk of the Court for additional information.
They cannot answer any questions regarding the Settlement or the Action.