1. Why did I receive the Notice?
2. What is this lawsuit about?
3. What is a class action and who are the Plaintiffs and Defendants?
4. Why is there a Settlement of this action with IFF?
5. Am I part of the IFF Settlement Class?
6. Are there exceptions to being included in the Class?
7. What if I’m still not sure if I’m included in the IFF Settlement Class?
8. What does the Settlement provide?
9. How do I receive a future payment?
10. How much will my payment be?
11. When will I receive a payment?
12. What am I giving up by staying in the IFF Settlement Class?
13. What happens if I do nothing at all?
14. How do I exclude myself from the Settlement?
15. If I don’t exclude myself, can I sue IFF for the same thing later?
16. If I exclude myself from the Settlement, can I continue as a Class Member in the case against the Non-Settling Defendants and Firmenich?
17. How do I tell the Court that I don’t like the Settlements, the Plan of Distribution, or the request for attorneys’ fees, litigation expenses and service awards?
18. What is the difference between excluding myself and objecting?
19. Do I have a lawyer in this case?
20. How will the Class Counsel be paid?
21. When and where will the Court decide whether to finally approve the Settlement?
22. Do I have to come to the Fairness Hearing?
23. May I speak at the Fairness Hearing?
24. How do I get more information about the Settlement?
You received the Notice because you may be a U.S. person or entity that has purchased Fragrance Products directly from one or more of the Defendants between January 1, 2018, and December 31, 2023. The Court has authorized the Notice because, as a potential Member of the Settlement Classes, you have a right to know about the proposed settlement of claims against IFF in this Action and your options before the Court decides whether to give final approval to the Settlements between Direct Purchaser Plaintiffs and IFF. The list of Defendants is in FAQ 3.
If the Court gives final approval to the Settlement, and after any objections and appeals are resolved, you will be bound by the final judgment and terms of the Settlement. The Notice explains the lawsuit, the Settlement, and your legal rights. The Notice is only a summary of the Settlement Agreement and your rights. Your legal rights are affected whether you act or not. You are encouraged to carefully review the complete Settlement Agreement.
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This class action lawsuit is called In re Fragrance Direct Purchaser Antitrust Litigation, No. 2:23-cv-02174 (WJM)(JSA), and it is pending in the United States District Court for the District of New Jersey. United States District Court Judge William J. Martini is presiding over this Action.
Direct Purchaser Plaintiffs allege that Defendants, who are the world’s largest manufacturers of Fragrance Products, conspired to fix, raise, or maintain the price of Fragrance Products during the Class Period (from January 1, 2018, through December 31, 2023), in violation of federal antitrust laws.
Direct Purchasers have reached proposed settlements with IFF and Firmenich, but the Direct Purchasers’ case is proceeding against the Not-Settling Defendants. If applicable, you will receive a separate notice regarding the progress of the litigation and any resolution of claims against the other Defendants.
IFF and Firmenich deny all allegations of wrongdoing in this Action. Despite their belief that they are not liable for the claims asserted by the Direct Purchaser Plaintiffs, IFF and Firmenich have agreed to settle this Action to avoid the further expense and burden of this litigation, and to avoid the risks inherent in further litigation and trial.
For more information on the Firmenich Settlement, click here.
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In a class action lawsuit, one or more people or businesses called Class Representatives sue on behalf of other people or businesses who have similar claims, all of whom together are a “Class.” Individual class members (other than the Class Representatives) do not have to file a lawsuit to participate in the class action settlement or be bound by the judgment in the class action. One court resolves all the issues and claims for everyone in the class, except for those who exclude themselves from the class (see FAQ 14).
The five named Direct Purchaser Plaintiffs are: B & E Associates, Inc. (d/b/a Keystone Candle Company), Cospro Development Corp., Demeter F.L., Inc. (d/b/a Demeter Fragrance Library), Hanna’s Candle Company, and Our Own Candle Company, Inc. (collectively, “Class Representatives”).
Defendants named in the Direct Purchaser Plaintiffs’ Consolidated Complaint filed on February 5, 2024 (ECF No. 107) (the "Complaint") are manufacturers of Fragrance Products: IFF, Givaudan SA, Givaudan Fragrances Corporation, Ungerer & Company, Inc., Custom Essence LLC, Firmenich, Symrise AG, Symrise Inc., and Symrise US LLC.
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The Court did not decide in favor of Direct Purchaser Plaintiffs or IFF.
Continued litigation, trial, and any appeals involve risks for both sides, and therefore, Direct Purchaser Plaintiffs and IFF have agreed to the Settlement. The Settlement requires IFF to pay money, as well as cooperate in good faith with Direct Purchaser Plaintiffs to provide evidence relevant to the pursuit of and proof of the claims against the Non-Settling Defendants.
This cooperation includes producing relevant documents; making current or former employees available for interviews and depositions; and providing other information relevant to the conduct at issue in the litigation. Any cooperation will be provided subject to applicable confidentiality obligations and protections for commercially sensitive customer information. Direct Purchaser Plaintiffs and their attorneys believe that both Settlements are in the best interests of all Members of the Settlement Classes.
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In Preliminary Approval Orders dated November 17, 2025, and August 4, 2026, the Court has decided that, for settlement purposes in the IFF Settlement, Settlement Class Members are defined as:
All persons and entities, and their successors and assigns, in the United States and its territories who purchased Fragrance Products directly from any of the Defendants or their subsidiaries or affiliates during the period of time between January 1, 2018, and December 31, 2023.
Fragrance Products are defined as “fragrance ingredients, fragrance formulas, and fragrance compounds, regardless of whether they are natural, synthetic, or otherwise, including related auxiliary technologies sold in combination with the fragrance, such as encapsulation, printing service, or other technologies intended to deliver the fragrance.” Fragrance Products include, without limitation, consumer fragrances and fine fragrances. If you satisfy the criteria, then you are a Class Member in both Settlements, subject to the exception discussed in FAQ 6.
While the current Settlements are only with IFF and Firmenich, the Settlement Classes include persons and entities who purchased Fragrance Products from any of the Defendants. You may choose to exclude yourself from future settlements against any other Defendant(s) or remain in any Settlement Classes with respect to those Defendants.
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Yes. Specifically excluded from the IFF Settlement Class are:
IFF Released Parties (defined as “IFF and each of its past, present, and future, direct and indirect parents (including holding companies), subsidiaries, affiliates, associates, divisions, predecessors, successors, and each of their respective officers, directors, employees, against, attorneys, legal or other representatives, trustees, heirs, executors, administrators, advisors, and assigns”);
Conspirators, the officers, directors, or employees of any Defendant or conspirator, any entity in which any Defendant or conspirator has a controlling interest; and
Any affiliate, legal representative, heir, or assign of any Defendant or co-conspirator, and any person acting on their behalf.
Also excluded from the Settlement Class are any judicial officer presiding over the Action and the members of his/her immediate family and judicial staff, and any juror assigned to the Action, as well as any person or entity who or which submits a valid and timely request for exclusion in accordance with the requirements set forth in FAQ 14 and whose request is accepted by the Court.
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If you are still not sure if you are included in the IFF Settlement Class, please review the detailed information contained in the Settlement Agreement.
You may also contact the Claims Administrator at:
Fragrance DPP Settlement
c/o Claims Administrator
P.O. Box 25191
Santa Ana, CA 92799-9958
Email: info@FragranceSettlementDPP.com
Call toll-free, 24/7: (833) 360-6870
You may also call, email, or write to Settlement Class Counsel at the phone numbers or addresses listed in FAQ 19.
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Pursuant to the IFF Settlement preliminarily approved by the Court, IFF shall cause the transfer of $26,000,000.00 into the IFF Settlement Fund. Settlement administrative expenses, Court-approved attorneys’ fees, attorneys’ expenses and service awards to the named Settlement Class Representatives will be paid out of the Settlement Funds first, and the balance of the Settlement Funds (the “Net Settlement Funds”) will then be distributed to the Members of the Settlement Classes based upon a pro rata plan of allocation, subject to the claims process summarized in FAQ 9.
The IFF Settlement will resolve all the claims belonging to the Members of the Settlement Class against IFF in this Action, but not their claims against the Non-Settling Defendants.
In addition to this monetary benefit, IFF have also agreed to cooperate in good faith with the Direct Purchaser Plaintiffs in this Action going forward against the Non-Settling Defendants. This cooperation includes producing relevant documents, making current and former employees available for interviews and depositions, and providing other information relevant to the conduct at issue in the Action. Any cooperation will be provided subject to applicable confidentiality obligations and protections for commercially sensitive customer information.
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When the time comes to distribute the proceeds of the Settlement and any other recoveries, if you are a Member of the Settlement Class and do not exclude yourself, you may be eligible to receive a payment from the Settlement.
To receive payment, you will be required to fill out a Claim Form and include all the information the form requests with regard to your purchases of Fragrance Products directly from IFF from January 1, 2018, to December 31, 2023, either by first-class mail or online on this website by a deadline that will be determined in the future. You may be asked to verify the accuracy of the information provided in your Claim Form. Your claim must be valid and may be required to be confirmed by IFF’s sales records in order to receive money in the distribution of the proceeds of the Settlement Fund.
If the Court issues final approval to the Settlement, payments of the Settlement Fund will be distributed at a later date to Members of the Settlement Classes who submit valid Claim Forms.
Members of the Settlement Class should begin gathering the records of their direct purchases of Fragrance Products from IFF back to January 1, 2018, that may be necessary to prepare and submit your Claim Form.
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Estimates of payments are unavailable until all the Claim Forms are submitted by Members of the Settlement Class. Members of the Settlement Class who submit a valid Claim Form will receive a share of the total Settlement Fund based upon a pro rata plan of allocation. The share of the Settlement proceeds will be calculated by the Claims Administrator.
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There is no date certain for distributing payments from the proceeds of the Settlement. No settlement distribution will be made until the Court grants final approval of one or both Settlements and all the claims have been fully processed by the Claims Administrator.
Please note that the Settlement may be terminated on several grounds, including if the Court does not finally approve the respective Settlement Agreement. Should the IFF Settlement be terminated, this Action will proceed against IFF, as well as the other Non-Settling Defendants. If the IFF Settlement is terminated, there will be no IFF Settlement proceeds.
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Unless you exclude yourself from the IFF Settlement, you are staying in the Settlement Class, which means that you cannot sue, continue to sue, or be part of any other lawsuit against IFF that pertains to the same legal issues in this Action. It also means that all of the Court’s orders will apply to you and legally bind you. The IFF Released Claims are detailed in the Settlement Agreement.
You are not releasing your claims against any Defendant, including Firmenich, by staying in the IFF Settlement Class.
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If you are an IFF Settlement Class Member and you do nothing, you will remain a Member of the Settlement Class and be eligible to participate in the Settlement as described in the Settlement Agreement, if the Settlement is approved. When the time comes, you will need to complete, sign, and return a Settlement Claim Form. You will be legally bound by the Court’s orders relating to the Settlement and give up your right to sue IFF on your own for the legal claims made in this lawsuit regardless of if you submit a Claim Form or not.
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If you do not want the benefits offered by the Settlement and you do not want to be legally bound by the terms of the Settlement, or if you wish to pursue your own separate lawsuit against IFF, you must exclude yourself by submitting a written request to the Claims Administrator stating your intent to exclude yourself from the respective Settlement Class.
Your Exclusion Request must include the following:
your full name, including the name of your business which purchased Fragrance Products, your street and mailing address, and your email address (if you have one);
a statement that you want to be excluded from the IFF Settlement Class in In re Fragrance Direct Purchaser Antitrust Litigation; and
your signature.
You must mail your Exclusion Request, postmarked by October 19, 2026, to:
Fragrance Direct Purchaser Antitrust Litigation
c/o Claims Administrator
P. O. Box 25191
Santa Ana, CA 92799-9958
Be sure to keep a copy of any document that you submit to the Claims Administrator.
Important Note: Settlement Class Members must submit a request for exclusion for each Settlement they don’t want to be apart of.
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No. Unless you exclude yourself, you give up the right to sue IFF for the same claims that the Settlement resolves. If you have a pending lawsuit against IFF, speak to your attorney in that lawsuit immediately to determine whether you should exclude yourself from this Settlement Class to continue your own lawsuit against IFF.
By staying in the IFF Settlement Class, you are not releasing your claims in this case against the Non-Settling Defendants and Firmenich.
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Yes. If you exclude yourself from the IFF Settlement, you will remain a Class Member in the ongoing Action against the remaining Non-Settling Defendants and, if applicable, Firmenich.
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If you are a Member of the Settlement Class and you have not excluded yourself from the Settlement, you can object to part or all of the terms of the Settlement that you do not like, including the plans for the distribution of the funds, attorneys’ fees, litigation expenses and service awards for the Settlement Class Representatives. The Court will consider your views.
To object, you must send a letter or written statement to the Claims Administrator, Settlement Class Counsel, and Counsel for IFF, saying that you object to the Direct Purchaser Plaintiffs’ Settlement with IFF in In re Fragrance Direct Purchaser Antitrust Litigation and the reasons why you object to the Settlement. Be sure to include:
your full name, including the name of your business which purchased Fragrance Products;
your street and mailing address;
your email address (if you have one); and
your signature.
Your objection must be signed.
You may include or attach any documents that you would like for the Court to consider. Your objection must be served by first class mail to the Claims Administrator, Settlement Class Counsel, and Counsel for IFF at the addresses listed below, by no later than November 8, 2026.
You must also file your objection with the Court by November 8, 2026. Please note that in order for your objection to be considered by the Court, the objection must comply with the terms herein.
Court | Claims Administrator | Counsel for IFF |
Clerk of the Court | In re: Fragrance Direct Purchaser Antitrust Litigation | Steven R. Glaser |
Direct Purchaser Plaintiffs’ Settlement Class Counsel | ||
Linda P. Nussbaum | Christopher M. Burke | Hilary K. Scherrer |
Be sure to keep a copy of any document that you submit in this case.
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Objecting is telling the Court that you do not like something about the Settlement or the related terms, such as the distribution timing, attorneys’ fees, litigation expenses, or service awards. You can object only if you do not exclude yourself from the Settlement Class). Excluding yourself is telling the Court that you do not want to be a part of the Settlement Class. If you exclude yourself, you have no legal standing to object to the Settlement because the case no longer affects you.
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Yes. The Court has appointed Linda P. Nussbaum of Nussbaum Law Group, P.C.; Christopher M. Burke of Burke LLP; and Hilary K. Scherrer of Hausfeld LLP as Class Counsel on behalf of the Direct Purchaser Plaintiffs and Direct Purchaser Class. Their contact information is as follows:
Linda P. Nussbaum | Christopher M. Burke | Hilary K. Scherrer |
If you wish to remain a Member of the Settlement Class and a class member with respect to the case against the Non-Settling Defendants going forward, you do not need to hire your own lawyer because Class Counsel are working on your behalf.
If you wish to pursue your own case against IFF, or if you exclude yourself from the Settlement Class, these lawyers will no longer represent you. You will need to retain your own lawyer if you wish to pursue your own lawsuit against IFF. You may choose to exclude yourself from the Firmenich Settlement, future settlements against any other Defendant(s) or remain in any settlement classes with respect to those Defendants.
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Class Counsel will ask the Court to award attorneys’ fees of up to 33-1/3% of the IFF Settlement Fund for reimbursement of reasonable and necessary litigation expenses and service awards of $5,000.00 for each of the five Class Representatives to be paid from the Settlement proceeds prior to any distribution of the Settlement Funds.
Settlement Class Counsel will file their motion and post it to this Settlement website, no later than October 24, 2026. You will not have to pay any attorneys’ fees or other costs out-of-pocket related to the prosecution of this case.
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The Court will hold a Fairness Hearing to decide whether to give its final approval to the Settlement. You may attend and you may ask to speak at the Fairness Hearing, but you do not have to attend or speak.
The Court will hold the Fairness Hearing on the Settlements at at 10:00 a.m. EST on December 8, 2026, at the United States District Court for the District of New Jersey, Martin Luther King Building & U.S. Courthouse, 50 Walnut Street, Newark, New Jersey 07101, in Courtroom MLK 4B before U.S. District Judge William J. Martini. At this hearing, the Court will consider whether the Settlements are fair, reasonable, and adequate. If there are objections, the Court will consider them. The Court will, at its discretion, listen to the Class Members who have asked to speak at the Fairness Hearing.
After the Fairness Hearing, the Court will decide whether to give its final approval to the Settlements. We do not know how long it will take for Judge Martini to issue his final approval order, either approving or rejecting the Settlement.
The Fairness Hearing may be rescheduled without further notice to Members of the Settlement Class. It is a good idea to check this website for updates.
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No. Class Counsel will answer any questions the Court may have about the Settlement. However, you are welcome to come to the Fairness Hearing at your own expense.
If you send an objection, you do not have to come to Court to talk about it. As long as you mailed your written objection on time, your objection will be submitted to the Court by Settlement Class Counsel and filed in the public docket, and the Court will consider your objection. You may pay your own lawyer to attend the Fairness Hearing, but it is not necessary.
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You may ask to speak at the Fairness Hearing. To do so, you must mail a letter to the Clerk of the Court saying that it is your “Notice of Intention to Appear in In re Fragrance Direct Purchaser Antitrust Litigation.”. Be sure to include:
your full name, including the name of your business which purchased Fragrance Products;
your street and mailing address;
your email address (if you have one);
your telephone number; and
your signature.
Your Notice of Intention to Appear must be postmarked no later than November 8, 2026, and it must be mailed to the Clerk of the Court and mailed to Class Counsel and Counsel for IFF. The address for the Clerk of the Court is:
Clerk of the Court
Martin Luther King Building & U.S. Courthouse
50 Walnut Street, Room 4015
Newark, New Jersey 07171
The mailing addresses of the Class Counsel and IFF Counsel are provided in FAQ 17.
Be sure to keep a copy of any document that you submit in this case.
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This website and the Notice are a summary of the proposed Settlement. More details about the Settlement and the Action are contained in the Settlement Agreement and in other litigation documents. You can find copies of the Settlement Agreement and other related documents on the Important Documents page.
If you have additional questions, you can ask for free help any time by contacting the Claims Administrator at:
Fragrance DPP Settlement
c/o Claims Administrator
P.O. Box 25191
Santa Ana, CA 92799-9958
Email: info@FragranceSettlementDPP.com
Call toll-free, 24/7: (833) 360-6870
You may also contact Class Counsel at the addresses provided in FAQ 19.
Do not contact the Court regarding the Settlement.
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