SANTA MONICA, Calif., Oct. 27 /PRNewswire/ -- The following statement is being issued by Milstein, Adelman & Kreger, LLP and Wasserman, Comden, Casselman & Esensten, LLP regarding the ExtenZe class action settlement.
A proposed class action settlement has been reached involving the manufacturer of a male enhancement product called ExtenZe. The case is known as Williams, et al. v. Biotab Nutraceuticals, Inc., et al., Case No. BC414808 (consolidated with BC415918) ("the Action") Los Angeles County Superior Court. The lawsuit alleges that Biotab Nutraceuticals, Inc. ("Biotab"), the manufacturer of ExtenZe, and certain individuals made false claims in certain marketing, promotional and advertising materials saying that ExtenZe would increase penis size. Biotab and the other defendants deny they did anything wrong.
Who is a Class Member? The Class consists of all persons who purchased ExtenZe in the United States between May 29, 2005 and October 25, 2010.
What is this case about? If the settlement is approved, Defendants will be enjoined from making certain representations about their product, including being prevented from claiming that it will make the penis larger absent independent scientific substantiation. Further, a cash fund of $6,000,000 will be set up along with an additional $6,000,000 in retail value of ExtenZe NASCAR merchandise. A full description of the benefits can be found on www.extenzesettlement.com. Class Members who submit a valid Claim Form may choose a refund on the previously purchased product or choose up to $176.94 worth of ExtenZe NASCAR racing apparel. Full details of all the benefits are found on www.extenzesettlement.com.
What are my options? You have decisions to make and you must make them now. Stay in the class. In order to receive a cash reimbursement or racing apparel, you must obtain and submit a valid Claim Form. Claim Forms can be obtained by calling the 800 number or visiting www.extenzesettlement.com. The deadline to file your claim is April 15, 2011. If you stay in the class, you give up any rights to sue Defendants about the same legal claims in this lawsuit and you will be bound by the Court's decisions. The Claim Form will include instructions for the submission process. Settlement Class Members may submit Claim Forms online, or by mail to the Settlement Administrator at the address below.
Get out of the lawsuit. If you ask to be excluded, you will NOT receive money or benefits if the Settlement is approved, but you keep any rights to sue Defendants separately about the same legal claims in this lawsuit. If you intend to bring your own lawsuit against Defendants, you should exclude yourself from the Class. If you want to exclude yourself from the class action, you must formally request to exclude yourself by sending a letter to: Williams, et al. v. Biotab Nutraceuticals, Inc. EXCLUSIONS: c/o The Garden City Group, Inc., P.O. Box 9478, Dublin, OH 43017-4578. You must sign and date the letter, which must be postmarked on or before January 11, 2011.
Who represents you? As a member of the Class, you will be represented by Wasserman, Comden, Casselman & Esensten, LLP, 5567 Rededa Blvd., Ste. 330, Tarzana CA 91357-7033; Milstein Adelman & Kreger, LLP, 2800 Donald Douglas Loop North, Santa Monica, CA 90405; the Law Office of Bruce B. Whitman; Statman, Harris & Eyrich, LLC; and the Newport Trial Group, LLC. You will not be charged a fee for their services in this case. However, if you want to be represented by your own lawyer, you may hire one at your own expense.
The Court will hold a Final Approval Hearing on March 30, 2011 in Department 28 of Los Angeles County Superior Court to consider the Settlement and Class Counsel's request for attorneys' fees, plus expenses. You don't have to attend the Hearing.
For more information. This notice is only a summary. For more detailed information, please call 800-961-6428, visit www.extenzesettlement.com, or write to Williams, et al. v. Biotab Nutraceuticals, Inc: c/o The Garden City Group, Inc. P.O. Box 9478 Dublin, OH 43017-4578.
SOURCE Wasserman, Comden, Casselman & Esensten, LLP and Milstein, Adelman & Kreger, LLP