TALLAHASSEE, Fla., Nov. 12, 2014 /PRNewswire/ -- A Settlement has been proposed in a class action lawsuit with USPlabs, LLC ("USPlabs") and GNC Corporation ("GNC") involving USPlabs' "OxyELITE Pro," "Jack3d," and "VERSA-1" dietary supplement products (the "Products") containing DMAA or aegeline.
What is the lawsuit about?
The lawsuit claims that USPlabs and GNC (collectively "Defendants") made misleading or false statements about the lawfulness, safety, and effectiveness of the Products. Defendants deny any wrongdoing or illegal conduct, but have agreed to settle the case to avoid the expense and distraction of litigation. The Settlement does not mean that Defendants did anything wrong and the Court has not decided that they did anything wrong.
Am I a member of the Class?
You are a member of the Settlement Class if you purchased for personal consumption, and not for re-sale, one or more bottles of the Products in the United States starting from August 17, 2012.
What does the Settlement provide?
The Defendants have agreed to create a settlement fund in the amount of $2,000,000 to pay valid claims, the costs to administer this Settlement, reasonable attorneys' fees and costs, and incentive awards to the named Plaintiffs.
How much money can I get back?
Claimants must provide purchase receipts or provide information, signed under penalty of perjury, relating to their purchase of the Products. Valid claims without purchase receipts will be entitled to $35 per bottle/container of OxyELITE Pro purchased, $20 per bottle/container of Jack3d purchased, and $20 per bottle/container of VERSA-1 purchased, up to a maximum reimbursement of $150. Valid claims with purchase receipts will be refunded the same amounts, but with no limit on the number of bottles refunded. If claims exceed the amount of the settlement fund, each valid claim will be reduced on a pro rata basis per bottle. Any money remaining in the settlement fund after all claims are processed and expenses are paid will be paid out as an increase to the claim amounts paid, on a pro rata basis per bottle, up to a total maximum of $300 per claimant. Subject to court approval, any remaining funds thereafter will be donated to the Consumer Federation of America. Claims must be submitted online at www.USPlabsClassAction.com or by mail postmarked, by February 5, 2015.
What are my other options?
If you do not want to be legally bound by the Settlement, you must exclude yourself by February 5, 2015. If you stay in the Settlement, you may object to it or ask for permission for you or your own lawyer to appear and speak at the hearing, at your own cost, but you don't have to. Objections and requests to appear are due by February 5, 2015.
The U.S. District Court for the Northern District of Florida will hold a hearing in this case (Velasquez v. USPlabs, LLC, No. 4:13-cv-00627) at 10:00 a.m. on February 26, 2015 to consider whether to approve: the Settlement; attorneys' fees of up to $666,666.67; and $2,500 incentive awards to each of the five named Plaintiffs.
More information about the Settlement, including specific instructions about how to file a claim, object, or ask to be excluded are available at www.USPlabsClassAction.com or by calling 1-888-936-9033.
SOURCE Howard & Associates, P.A.; Desai Law Firm