SAN DIEGO, CA, June 21, 2014 /CNW/ - A class action lawsuit about certain Hydroxycut branded products sold through May 1, 2009 has been settled. The lawsuit is titled Dremak v. Iovate Health Sciences Group, Inc., No. 3:09cv01088 (S.D. Cal). Consumers who bought the products may be entitled to choose either a cash refund or free products by submitting a claim. The lawsuit alleges the products were misrepresented as clinically proven to be safe and effective for weight loss. The defendants deny any allegations. The settlement is not an admission of wrongdoing. The court did not determine which party was correct.
The Settlement Class includes all persons who purchased one of the following Hydroxycut weight loss products in the United States between May 9, 2006 and May 1, 2009. Hydroxycut Regular Rapid Release Caplets, Hydroxycut Max Drink Packets, Hydroxycut Caffeine-Free Rapid Release Caplets, Hydroxycut Liquid Shots, Hydroxycut Hardcore Liquid Caplets, Hydroxycut Hardcore RTDs (Ready-to-Drink), Hydroxycut Max Liquid Caplets, Hydroxycut Max Aqua Shed, Hydroxycut Regular Drink Packets, Hydroxycut 24, Hydroxycut Caffeine-Free Drink Packets, Hydroxycut Carb Control, Hydroxycut Hardcore Drink Packets (Ignition Stix), and Hydroxycut Natural. The Class does not include anyone with a personal injury claim arising from the use of one of the above listed products. This settlement only covers the economic loss for the purchase of the products listed above.
The settlement provides a fund of $14 million (less plaintiffs' attorneys fees and notice and administrative costs) to compensate Class Members. Class Members may choose either a cash payment or free product. To claim a cash payment or free product, Class Members must submit a Claim Form online or by mail by January 13, 2015.
The Court will hold a hearing on October 15, 2014, to determine whether the settlement is fair, reasonable, and adequate, to approve attorneys' fees and expenses, and any service awards for the plaintiffs. The deadline for exclusions and objections is September 15, 2014.
The Court appointed class counsel are Blood Hurst & O'Reardon, LLP and Bonnett Fairbourn Friedman & Balint, P.C.
To obtain a claim form, a detailed notice, and other documents, visit http://www.DietSupplementSettlement.com, or call toll-free 1-877-850-1033 or write to Hydroxycut Diet Supplement Settlement c/o Boston Financial's Settlement Administration Solutions, PO Box 9111, Canton, MA 02021-9111 or send an e-mail to Hydroxycutsettlement@bostonfinancial.com.
/CONTACT: Press Only: Class Counsel: Timothy G. Blood of Blood, Hurst, & O'Reardon, LLP, 701 B Street, Suite 1700 San Diego, CA 92101. Defendants: Arturo J. Gonzalez and William F. Tarantino of Morrison & Foerster LLP, 425 Market Street San Francisco, CA 94105
SOURCE: Iovate Health Sciences International Inc.
For further information: Media Contact: William Tarantino, 415-268-7000