1. What is this matter about?
2. Why did I receive a Plan Notice?
3. What is the Relevant Period?
4. How much is in the Newell Brands Fair Fund?
5. Who may be eligible for a payment from the Newell Brands Fair Fund?
6. Who is excluded from payment from the Newell Brands Fair Fund?
7. What is the Plan of Allocation?
8. What is the deadline to submit a Claim Form?
9. What do I need to submit a Claim Form online?
10. What do I need to submit a Claim Form via mail?
11. How will I find out about the outcome of my Claim?
12. When will Distribution Payments be disbursed?
13. Can I receive my payment in cryptocurrency?
14. Who is the Tax Administrator?
15. Who is the Fund Administrator?
16. Where can I get additional information?
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, the Plan, and any other orders 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-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.
Back To Top
You received a Plan Notice because you have been identified by the Fund Administrator as a person or entity who may have purchased or acquired Newell Brand common stock during the period from October 28, 2016, through November 1, 2017, inclusive.
Back To Top
The Relevant Period is from October 28, 2016, through November 1, 2017, inclusive.
Back To Top
The Fair Fund consists of the $12,610,000 paid by the Respondents plus accrued interest.
Back To Top
You may be eligible for a payment from the Newell Brands Fair Fund if:
To be considered for eligibility for a Distribution Payment from the Newell Brands Fair Fund, you must timely submit the completed and signed Claim Form and any required documentation online or via mail to Newell Brands Fair Fund, Fund Administrator, P.O. Box 25069, Santa Ana, CA 92799. Claim Forms completed online must be submitted on or before 11:59 p.m. Eastern Standard Time ("EST") on June 12, 2025. Claim Forms submitted via mail must be sent to the address provided on the Claim Form and postmarked (or if not sent by U.S. Mail, received) by June 12, 2025. Failure to timely submit the completed form with all requested documentation by the Claims Bar Date set forth in the Plan may result in your claim being rejected and you being precluded from any recovery from the Newell Brands Fair Fund.
Back To Top
You are excluded from participating in the Newell Brands Fair Fund if you are an Excluded Party as defined in the Plan, including:
a. The Respondents (Newell Brands, Inc. and Michael B. Polk);
b. Present or former officers or directors of Respondents or any assigns, creditors, heirs, distributees, spouses, parents, dependent children or controlled entities of any of the foregoing Persons or entities;
c. Any employee or former employee of the Respondents or any of its affiliates who has been terminated for cause or has otherwise resigned, in connection with the conduct described in the Order;
d. Any Person who, as of the Claims Bar Date, has been the subject of criminal charges related to the conduct described in the Order or any related SEC action;
e. Any firm, trust, corporation, officer, or other entity in which Respondents has or had a controlling interest;
f. The Fund Administrator, its employees, and those Persons assisting the Fund Administrator in its role as the Fund Administrator; or
g. Any purchaser or assignee of another Person's right to obtain a recovery from the Fair Fund for value; provided, however, that this provision shall not be construed to exclude those Persons who obtained such a right by gift, inheritance or devise.
Back To Top
The Plan of Allocation, available for review as Exhibit A of the Plan, states how Recognized Losses and Distribution Payments will be calculated. It is designed to compensate investors based on their losses on shares of Newell Brands common stock, purchased or acquired between October 28, 2016 and November 1, 2017, inclusive (the "Relevant Period") due to the conduct of the Respondents. Investors who did not purchase or acquire the Security during the Relevant Period, or who are an Excluded Party, are ineligible to recover under this Plan. A Preliminary Claimant who is not an Excluded Party under paragraphs 13(a)-(g) of the Plan, who submits a valid Claim Form, and who has suffered a Recognized Loss as calculated by the Plan of Allocation, will be deemed an Eligible Claimant. An Eligible Claimant whose distribution amount equals or exceeds $10.00, will be deemed a Payee and receive a Distribution Payment.
Back To Top
The deadline to submit a Claim Form, also referred to as the "Claims Bar Date," is June 12, 2025.
Claim Forms completed online must be submitted on or before 11:59 p.m. EST on June 12, 2025.
Claim Forms submitted via mail must be sent to the address provided on the Claim Form and postmarked (or if not sent by U.S. Mail, then received) by June 12, 2025.
Back To Top
Online submissions are encouraged.
To submit a Claim Form online, go to Submit a Claim and follow the instructions provided.
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.
Claim Forms completed online must be submitted on or before 11:59 p.m. EST on June 12, 2025.
If you submit a Claim Form that fails to provide all required information, is otherwise deficient, or your claim is denied, you will receive a Claim Status Notice advising you of the reason(s) why the claim is deficient or denied and explaining how to cure the deficiencies or request reconsideration.
Back To Top
If you are unable to submit a Claim Form online, you may download a paper Claim Form here 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.
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.
Claim Forms submitted via mail must be sent to the address provided on the Claim Form and postmarked (or if not sent by U.S. Mail, then received) by June 12, 2025.
If you submit a Claim Form that fails to provide all required information or is otherwise deficient; or your claim is denied, you will receive a Claim Status Notice advising you of the reason(s) why the claim is deficient or denied and explaining how to cure the deficiencies or request reconsideration.
Back To Top
Within 60 days of the Claims Bar Date, the Fund Administrator will send a Claims Status Notice to claimants with deficient claims and/or claims that will be denied, explaining how the claimant can cure deficiencies or seek a reconsideration of their claim.
Within 150 days of the Claims Bar Date, the Fund Administrator will send a Determination Notice to claimants, advising each claimant who submitted a Claim Form of their eligibility determination; and will further provide to those determined to be an Eligible Claimant, their calculated Recognized Loss. The Fund Administrator may consider disputes of an Eligible Claimant's Recognized Loss calculation if timely presented in accordance with the Plan.
Subject to paragraph 60 of the Plan, the Determination Notice will constitute the Fund Administrator's final ruling regarding the eligibility status of a claim.
Back To Top
There is no current estimate for when Distribution Payments will commence although the Fund Administrator, working with the SEC, intends to stay within the deadlines provided in the Plan. Please visit this website often to get the most up-to-date information.
Back To Top
No. Distribution Payments will be made in U.S. Dollars (USD).
Back To Top
On February 28, 2024, the SEC issued an order appointing Miller Kaplan Arase, LLP, as the Tax Administrator of the Fair Fund. See the SEC Order: Release No: 34-99618.
Back To Top
On October 11, 2024, the SEC issued an order appointing Simpluris, Inc. as the Fund Administrator, to oversee the administration and distribution of the Fair Fund and setting the administrator's bond amount. See SEC Order: Release No. 34-101313.
Back To Top
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 can review also review background on this case, including the SEC's orders and the Plan, on the SEC's website at: https://www.sec.gov/enforcement-litigation/distributions-harmed-investors/matter-newell-brands-inc-michael-b-polk
If you would like to request a copy of the Plan, the Plan Notice, and/or the Claim Form, or if you have any other questions, you may contact the Fund Administrator via email at info@NewellBrandsFairFund.com, or by calling 866-675-2320. The mailing address for the Fund Administrator is: Newell Brands Fair Fund, Fund Administrator, P.O. Box 25069, Santa Ana, CA 92799.
Back To Top