Lawsuit Overview
Settlement Overview
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August 21, 2015 - The court preliminarily approved the settlement.
August 18, 2015 - A stipulation and agreement of settlement was filed by the parties.
November 21, 2014 - A motion to dismiss the second amended consolidated complaint was filed.
October 24, 2014 - A second amended consolidated complaint was filed.
September 29, 2014 - The court granted the defendants' motion to dismiss. The plaintiffs were given leave to amend the complaint.
October 12, 2012 - A motion to dismiss the amended consolidated complaint was filed.
March 16, 2012 - An amended consolidated complaint was filed.
July 6, 2011 - An investor in shares of Avon Products Inc (NYSE: AVP) filed a lawsuit in U.S. District Court for the Southern District of New York against Avon Products Inc over alleged violations of Federal Securities Laws in connection with certain allegedly false and misleading statements made between July 31, 2006 and May 24, 2011.
According to the complaint the plaintiff alleges on behalf of shareholders who either held Avon Products Inc (NYSE: AVP) stock at the close of business of March 17, 2011, March 17, 2010, March 18, 2009, March 14, 2008 or March 15, 2007 and were therefore eligible to vote proxies or purchased or otherwise acquired Avon Products Inc's (NYSE: AVP) common stock from July 31, 2006 through and including May 24, 2011 that Avon Products Inc violated the Securities Exchange Act of 1934. Specifically, the plaintiff claims that defendants mislead investors as to the size and scope of potential violations of the Foreign Corrupt Practices Act (“FCPA”). Certain directors of Avon Products Inc face already a lawsuit in 2010 filed by an investor in AVP stocks. The investors allege in that lawsuit breaches of fiduciary duty by the board of directors of Avon Products Inc in connection with Avon Product Inc’s Foreign Corrupt Practices Act (FCPA) compliance problems in 2008.
In October 2008 the door-to-door cosmetics marketer Avon Products Inc announced it notified the U.S. Securities and Exchange Commission (SEC) and Justice Department (DOJ) about its internal investigation of potentially improper payments to Chinese regulators. According to the complaint China had imposed a ban on door-to-door selling in 1998, which initially forced Avon Products Inc to market its products in stores, but in 2006 Avon Product Inc received a “license by the Ministry of Commerce, People’s Republic of China […] to permit direct selling, i.e. door-to-door marketing”.
Then in September 2008 the deputy director of the Foreign Fund Division of the Chinese Ministry of Commerce was detained for allegedly accepting bribes, so the lawsuit. Avon Products Inc said in its October 2008 announcement that it was looking into whether certain travel, entertainment and other expenses in China might have been improperly incurred. The Wall Street Journal reported that the possible wrongdoing under investigation include the alleged purchases of trips to France, New York, Canada and Hawaii for a Chinese government official with ties to Avon Product Inc's business. Three senior officials of Avon China, the president, chief financial officer and the head of corporate affairs and government relations at its China unit, as well as the head of Avon Product Inc’s internal audit unit in New York have been accused of improperly providing travel, entertainment, and other expenses in China to a senior official in the Ministry of Commerce and have been put on administrative leave, so the lawsuit.
On June 1, 2010 a special report entitled “U.S. Foreign Corrupt Practices Act – No Minor Matter,” Fitch Ratings stated that Avon Product Inc’s FCPA investigation had “expanded to a dozen or more countries”, so the lawsuit. The plaintiff expects that Avon Products Inc will lose “hundreds of millions of dollars” of assets due to legal liability and/or expenses to investigate, defend, and resolve the FCPA investigation and the inevitable criminal and civil litigation.
On Monday, April 12, 2010, Avon Products Inc announced that four executives have been suspended in connection with an alleged bribery that began with the Avon Products Inc's China operation as early as 2008. When Avon Products Inc, back in 2008, disclosed its internal investigation of its China operations, focusing on compliance with the Foreign Corrupt Practices Act, Avon Products Inc (NYSE: AVP) shares declined from over $38 per share in the beginning of October 2008 to $24.42 per share on October 20, 2008.