Energizer 2012 Annual Report Download - page 27

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Item 3. Legal Proceedings
The Company and its subsidiaries are parties to a number of legal proceedings in various jurisdictions arising out of the
operations of the Company's businesses. Many of these legal matters are in preliminary stages and involve complex issues of
law and fact, and may proceed for protracted periods of time. The amount of liability, if any, from these proceedings cannot be
determined with certainty. However, based upon present information, the Company believes that its liability, if any, arising
from such pending legal proceedings, asserted legal claims and known potential legal claims which are likely to be asserted, are
not reasonably likely to be material to the Company's financial position, results of operations, or cash flows, taking into account
established accruals for estimated liabilities.
In January 2011, Munchkin, Inc. commenced an action against a subsidiary of the Company in the United States District
Court for the Central District of California seeking a declaration that certain Munchkin, Inc. advertising claims were valid and
alleging false advertising claims by the Company. A jury trial resulted in an adverse verdict in July 2012 in the amount of
approximately $13.5 million. As a result of the jury verdict, the Company recorded an accrual of $13.5 million as of June 30,
2012. In September 2012, the court ordered a new trial with respect to the claims on which the jury awarded damages, which
set aside the previous jury verdict. Based on this development and our current assessment of the matter, the Company reversed
the previously established litigation reserve.
In October 2012, after receiving five reports from consumers, the Company announced a voluntary market withdrawal of
certain continuous spray Banana Boat sun care products due to a potential risk of product igniting on the skin if contact was
made with a source of ignition before the product was completely dry. The Company is voluntarily removing these products
from retail outlets because of this potential safety concern. The Company has provided for the costs associated with the
voluntary withdrawal in its fiscal 2012 financial statements, and is unable to determine with any degree of certainty what, if
any, other liabilities may arise.
See also the discussion captioned “Governmental Regulation and Environmental Matters” under Item 1 above.
Item 4. Mine Safety Disclosure
None.
Item 4a. Executive Officers Of The Registrant.
A list of the executive officers of Energizer and their business experience follows. Ages shown are as of December 31,
2012. Executive officers are appointed by, and hold office at the discretion of, our Board of Directors, subject to the terms of
any employment agreements.
Ward M. Klein- Chief Executive Officer of Energizer since January, 2005. Prior to his current position he served as President
and Chief Operating Officer from 2004 to 2005, and as President, International from 2002 to 2004. Mr. Klein joined Ralston
Purina Company in 1979. He also served as President and Chief Operating Officer - Asia Pacific and PanAm from 2000 to
2002, as Vice President - Asia Pacific for Energizer from March to September, 2000, as Vice President and Area Chairman,
Asia Pacific, Africa and Middle East for battery operations from 1998 to 2000, as Area Chairman, Latin America from 1996-98,
as Vice President, General Manager Global Lighting Products, 1994-96 and as Vice President of Marketing, 1992-94. Age: 57.
Alan R. Hoskins- President and Chief Executive Officer, Energizer Household Products since April 2012. Previously, Mr.
Hoskins served as Vice President, Asia-Pacific, Africa and Middle East from 2008 to 2012; Vice President, North America
Household Products Division from 2005 to 2008; Vice President, Sales and Trade Marketing from 1999 to 2005 and Director,
Brand Marketing from 1996 to 1999. Age: 51.
David P. Hatfield- President and Chief Executive Officer, Energizer Personal Care since November, 2007. Prior to his current
position and title, he served as President and Chief Executive Officer, Schick-Wilkinson Sword from April to November, 2007,
as Executive Vice President and Chief Marketing Officer, Energizer Battery from 2004 to 2007, as Vice President, North
American and Global Marketing, from 1999 to 2004. Age: 52.
Daniel J. Sescleifer- Executive Vice President and Chief Financial Officer of Energizer since October, 2000. Mr. Sescleifer
served as Vice President and Treasurer of Solutia Inc. from July-October, 2000, as Vice President and Treasurer of Ralcorp
Holdings, Inc, from 1996 to 2000, and as Director, Corporate Finance of Ralcorp Holdings, Inc. from 1994 to 1996. Age: 50.
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