TORONTO, Sept. 23, 2015 /CNW/ - A class action against the makers of diet supplements marketed under the brand "Hydroxycut" was recently certified by the Ontario Superior Court of Justice for the purposes of a proposed settlement. The Court also approved a notice plan in order to inform Class Members of their rights under the proposed settlement.
The lawsuit, known as Arshi et al. v. Iovate Health Sciences Inc. et al., raised various allegations against the Defendants and sought damages on behalf of Canadians for injuries, including liver injuries, which were allegedly related to the use of certain Hydroxycut products (purchased for personal use on or after January 18, 2006 until May 1, 2009), as well as for economic losses related to the products' purchase. The Defendants deny the allegations made in the lawsuit, make no admission as to the truth of these allegations and deny any wrongdoing.
The proposed settlement provides for the creation of a $2 million (CDN) Settlement Fund from which eligible claimants may receive compensation for approved Personal Injury Claims and approved Economic Loss Claims. Not all Class Members will be eligible for compensation. For details on eligibility and a complete list of all eligible Hydroxycut products, please visit the settlement website at www.hydroxycutclassaction.ca.
Claims must be made on or before the expiry of the Claims Period. Details of the Claim Deadline, as well as the forms for making a claim, can be found on the settlement website or by contacting Rochon Genova LLP at the address below.
In addition to compensation payable to Class Members, payments to Public Health Insurers, the costs associated with this Notice, all administration costs, as well as lawyers' fees and expenses will be paid out of the Settlement Fund. Class Counsel will seek the Court's approval for payment of their fees in the amount of $500,000.00 plus disbursements and applicable taxes, less honouraria payments to the Representative Plaintiffs in the amount of $3,750.00 each.
Class Counsel have been appointed by the Ontario Court as the Administrator for various pre-approval purposes and will be proposed as the Administrator for the Settlement and, subject to Court approval, will be paid $200,000.00 to fulfil that role.
The settlement still requires Court approval, and an approval hearing will be held on October 7, 2015, at 10:00 a.m., in Courtroom 5 at Osgoode Hall, 130 Queen Street West.
If you wish to object to the proposed Settlement, you must submit a written objection to Rochon Genova LLP by no later than September 25, 2015 at the address listed below. The Administrator will file copies of all objections with the Court. Do NOT send an objection directly to the Court. You may also attend the Settlement Approval Hearing and if you submitted a written objection, you may make oral submissions to the Court.
This Notice has been approved by the Ontario Superior Court of Justice.
SOURCE ROCHON GENOVA LLP
For further information: For more information on the settlement, please visit www.hydroxycutclassaction.ca or contact Rochon Genova LLP at: 900-121 Richmond St. W., Toronto ON M5H 2K1, 1-866-881-2292, [email protected]