If you purchased or acquired Newell common stock (the "Security") from October 28, 2016, through November 1, 2017 (the "Relevant Period"), you must complete and submit a Claim Form on or before 11:59 p.m. Eastern Standard Time ("EST") on June 12, 2025 (the "Claims Bar Date"). If you choose to submit a Claim Form by mail, the completed Claim Form must be postmarked (or if not sent by U.S. Mail, then received) by the Claims Bar Date.
On September 29, 2023, the Securities and Exchange Commission ("SEC") instituted and simultaneously settled cease-and-desist proceedings (the "Order") against Newell Brands Inc. ("Newell") and Michael B. Polk ("Polk") (collectively, the "Respondents"). In the Order, the SEC found that Newell made misleading statements regarding non-GAAP financial measures, "core sales growth," and "core sales," which Newell described in its earnings releases as giving investors "a more complete understanding of underlying sales trends." From the third quarter of 2016 through the second quarter of 2017, Newell announced publicly core sales growth rates that were higher than its actual underlying sales trends. The core sales growth rates were higher because of undisclosed actions taken by Newell and approved by Polk that were unrelated to its actual sales. Background on this case, including the Order issued by the SEC in connection with this proceeding, is available on the SEC's website at: https://www.sec.gov/enforcement-litigation/distributions-harmed-investors/matter-newell-brands-inc-and-michael-b-polk. The SEC found that Newell's statements to investors were misleading and violated Sections 17(a)(2) and 17(a)(3) of the Securities Act of 1933; Sections 13(a) and 13(b) of the Securities Exchange Act of 1934 and various rules thereunder, and Rule 100(b) of Regulation G. The SEC ordered Newell and Polk to pay $12,500,000 and $110,000 as civil money penalties, respectively, for a total of $12,610,000 to the SEC. The SEC also created a Fair Fund, pursuant to Section 308(a) of the Sarbanes-Oxley Act of 2002 so that the penalties paid can be distributed to harmed investors (the "Fair Fund"). The Newell Brands Fair Fund is comprised of the $12,610,000 paid by the Respondents plus accrued interest. On January 28, 2025, the SEC issued an order approving the Proposed Plan and simultaneously posted the Plan.
Copies of the Plan, the Notice, the Claim Form, and other relevant documents are available for download on the Important Documents page of this website. You may also request a copy of the Plan, the Plan Notice, and/or the Claim Form by contacting the Fund Administrator via email at info@NewellBrandsFairFund.com, or by calling 866-675-2320.
Actions and Instructions | Deadline | |
Submit a Claim Online | Online Claim Form submissions are encouraged. Click Submit a Claim and follow the provided instructions to submit a Claim Form. | Complete and submit online on or before 11:59 p.m. EST on June 12, 2025 |
Submit a Claim via Mail | If you are unable to submit a Claim Form online, you may download a paper copy from of the Claim Form on the Important Documents page or request a copy of the paper Claim Form from the Fund Administrator via email at info@NewellBrandsFairFund.com or by calling 866-675-2320, for submission by mail. | Postmarked (or if not sent by U.S. Mail, then received) by June 12, 2025 |
As part of the Claim Form, you will be required to provide information necessary to substantiate the claim, including but not limited to: copies of third party documentary evidence of purchases and dispositions of the Security during the Relevant Period, as well as holdings of the Security at pertinent dates; any requested explanatory information or attestations; and/or any required personal identification information. If you are not a U.S. Person, as defined in Section IV of the Claim Form, you must also submit a completed IRS Form W-8BEN, W-8BEN-E, or other W-8 series form, which can be found by visiting the following IRS website: www.irs.gov/forms-instructions.