IF YOU ARE A CURRENT OR FORMER AIR PRODUCTS’ CUSTOMER, AND YOU INCURRED TWO OR MORE INCREASES TO THE PRODUCT-SURCHARGE RATE ASSESSED BY AIR PRODUCTS AT SHIP-TO LOCATIONS IN THE UNITED STATES BETWEEN JUNE 1, 2018, AND AUGUST 31, 2020, THEN YOU MAY BE ELIGIBLE FOR BENEFITS FROM A CLASS ACTION SETTLEMENT
A class action lawsuit (the “Class Action”) filed in the United States District Court for the Eastern District of Pennsylvania, entitled CamCara, Inc. (d/b/a AST Manufacturing) v. Air Products and Chemicals, Inc., No. 5:21-cv-02264-JLS, alleges, among other things, that Air Products and Chemicals, Inc. (“Air Products” or “Defendant”) violated § 2-305 of the Uniform Commercial Code (“U.C.C.”) by failing to exercise good faith in connection with product surcharges that were assessed between June 1, 2018, and August 31, 2020. Defendant denies all allegations in the Class Action.
The Court has not decided who is right. Instead, the parties have agreed to settle the case to avoid the cost and risk of continued litigation. The Court has preliminarily approved the settlement.
The Settlement Class includes all current and former Air Products’ customers with Ship-To Locations in the United States who, between June 1, 2018, and August 31, 2020, inclusive (the “Class Period”), incurred two or more increases to the Product-Surcharge Rate assessed by Air Products at any given ship-to location.
Excluded from the Settlement Class are Defendant and its subsidiaries and affiliates and any persons or entities who or which exclude themselves by submitting a timely and valid request for exclusion that is accepted by the Court.
Defendant has agreed to pay two million dollars ($2,000,000) to settle the Class Action. If you are a member of the Settlement Class, you do not need to file a claim or do anything else to participate in this proposed settlement or to receive a settlement payment. If the settlement is approved, settlement payments will be mailed to the address Defendant has on file for the account(s) or that is otherwise known to the settlement administrator. Members of the Settlement Class are responsible for any taxes that may be due on the settlement payment(s).
Payments will be calculated based on the share of the total qualifying product surcharges imposed by Defendant on members of the Settlement Class during the Class Period. The net settlement fund (after payment of attorneys’ fees, costs, expenses, and other amounts approved by the Court) will be distributed among class members according to a plan of allocation, proposed by Class Counsel and approved by the Court, based on each Class Member’s proportional amount of “qualifying surcharges” members of the Settlement Class incurred during the Class Period.
| YOU MAY: | YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT | DUE DATE: |
| Do Nothing | Remain in the Class. If you do nothing, you will receive your share of the settlement if the Court grants final approval. You do not need to file a claim or do anything else to participate in the settlement or to receive a settlement payment. See Question V of the Settlement Notice for more information. |
None. |
| Exclude Yourself | Get out of the Class. You can write and ask to get out of the Class and keep your right to sue on your own about the claims in the lawsuit. See Question VIII of the Settlement Notice for information about how to Exclude Yourself. |
Postmarked By February 2, 2026 |
| Object to the Proposed Settlement | Object or comment on the proposed settlement. If you don’t exclude yourself, you can appear and speak in the lawsuit on your own or through your own lawyer to object to or comment on the proposed settlement. See Question IX of the Settlement Notice for information about how to Object to the Proposed Settlement. |
Postmarked By February 2, 2026 |
These rights and options, and the deadlines to exercise them, are explained in the Settlement Notice. For complete details, please see the Settlement Agreement.
The final approval hearing has been set for March 12, 2026, at 11:00 a.m. before the Honorable Jeffrey L. Schmehl of the United States District Court for Eastern District of Pennsylvania, in The Gateway Building, Suite 518, 201 Penn Street, Reading, PA 19601.
At the final approval hearing, the Court will hear any comments from the parties or objections concerning the fairness of the proposed settlement, including the amount requested for attorneys’ fees, costs, and expenses and any Service Award to the Class Representative. At this hearing the Court will consider whether the proposed settlement is fair, reasonable, and adequate. The Court will also consider how much Class Counsel may receive in fees and reimbursement for their expenses and how much the Class Representative may receive as a service award, all to be paid from the settlement amount. If there are objections or comments, the Court will consider them at this time.
The location, date and time of the Final Approval Hearing is subject to change by Court order, so it is a good idea to check ahead. Any changes will be posted on this website. You should check this website for Settlement updates.