SHERMAN OAKS, Calif., Dec. 9, 2015 /PRNewswire/ -- The following is being released by Pearson, Simon & Warshaw, LLP in the lawsuit Eashoo v. Iovate, No. 2:15-cv-1726.
A Settlement has been reached with Iovate Health Sciences U.S.A., Inc. ("Iovate"), concerning the marketing of certain protein products sold under the brand names MuscleTech, Six Star, EPIQ and fuel:one. The lawsuit claims Iovate misrepresented that certain protein products had higher levels of protein than what was actually contained in the products. As a result, the protein products contained less protein than what was represented on labels, packaging, and in advertising. Iovate denies these claims and denies any wrongdoing.
Persons who purchased one or more eligible MuscleTech, Six Star, EPIQ, or fuel:one protein products between March 10, 2011 to November 10, 2015 are included in the Settlement. The Settlement applies to protein shakes and beverages, both in liquid (ready to drink) and powdered form, as well as, bars and gels. A complete list of included products and additional information regarding who is included in the Settlement is available at www.ProteinSettlement.com or by calling 1-866-759-6512.
The Settlement provides for the creation of a $2.5 million Settlement Fund that will be used to pay money to eligible Class Members, attorneys' fees and costs, and a class representative incentive award. Iovate has also agreed to change some of its business practices, including modifying its testing, labeling, packaging, and advertising of the amount protein contained in the Protein Products.
Eligible Class Members who file timely and valid claims may receive: (1) up to $300 per household if they file valid claim with proof of purchase, or (2) up to $50 per household if they file a valid claim without proof of purchase. Payment amounts may be reduced proportionally if the total amount of claims is greater than the money available. Additional details are provided in the Settlement Agreement available at www.ProteinSettlement.com.
Important Information and Dates.
Eligible Class Members must submit a Claim Form online at www.ProteinSettlement.com or via mail on or before February 8, 2016. The payment amounts will be based in part on the quantity and price of the products purchased, whether the Class Member has proof of purchase, and the total number of claims made.
Even if they do nothing Class Members will be bound by the Court's decisions. To retain their right to sue Iovate themselves, Class Members must exclude themselves from the Settlement on or before February 8, 2016. If they stay in the Settlement, Class Members may object to it on or before February 8, 2016.
The Court will hold a hearing on April 4, 2016 to consider whether to approve the Settlement, and to determine plaintiff's request for attorneys' fees up to $625,000, costs not to exceed $15,000 and an incentive award up to $5,000. Class Members or their lawyers may appear and speak at the hearing at their own expense, but do not have to do so.
For more information about the Settlement or to obtain important documents or a claim form, visit the dedicated website www.ProteinSettlement.com or call toll-free 1-866-759-6512.
SOURCE Pearson, Simon & Warshaw, LLP