PHILADELPHIA, March 17, 2016 /PRNewswire/ -- The following statement is being issued by Bonnett, Fairbourn, Friedman & Balint, P.C, Boodell & Domanskis, LLC and Denlea & Carton LLP regarding the Pearson, et al. v. NBTY, Inc. settlement.
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A class action settlement has been preliminarily approved in Pearson, et al. v. NBTY, Inc., et al., No. 1:11-cv-07972 (N.D. Illinois). Your rights may be affected by this settlement. Plaintiffs say that glucosamine/chondroitin joint supplements manufactured or sold by Rexall Sundown, Inc. or NBTY, Inc. or their affiliates ("Rexall") do not provide certain benefits claimed in the labeling. The Court has not decided in favor of either side. Rexall stands by the products. This is the second settlement entered in connection with this litigation. The first settlement was not approved by the court, so no payments were made under that settlement.
Rexall has agreed to a settlement, including labeling changes and a $7,500,000 fund ("the Fund"), plus an additional $1,500,000 for notice and administration of the settlement, in order to avoid the expense, inconvenience, and risk of litigation. The Fund will be used to pay eligible claims, attorneys' fees and expenses (not to exceed $2,500,000), Class Representative awards (up to $5,000 each), and notice and administration costs (if they exceed $1,500,000).
Who Is A Class Member?
The Class includes all consumers who purchased certain joint supplements sold or manufactured by Rexall under various brands ("Covered Products"). This is only a summary. Specific dates and areas of sale apply. For a complete list of all products covered by this settlement, visit the website www.GlucosamineSettlement.com, or write to the address at the bottom of the notice.
What Does the Settlement Provide to Class Members?
You will receive $8.00 per bottle of Covered Product purchased, up to a maximum of thirteen (13) bottles, or $104.00 per household. If payments requested exceed the monies available, payments will be reduced pro rata. If money is available in the Fund after claims and other payments are made, it will be distributed pro rata, up to a maximum of $200 per household. Any remaining funds after that are to be paid to the Orthopedic Research and Education Foundation.
What do you need to do?
To get money, you must submit a claim form, post-marked or submitted online by September 28, 2016. Visit the website www.GlucosamineSettlement.com, or call the number below to obtain a claim form. If you already submitted a claim in the previous settlement, you can – but are not required to – submit a new claim form; you will receive compensation based upon the highest number of bottles from either claim. Please visit the website www.GlucosamineSettlement.com for complete details on how this new settlement affects you. To exclude yourself from the settlement class, you must submit a written exclusion postmarked by May 26, 2016. You will not receive any money, but you retain your right to sue on your own regarding these claims. Even if you excluded yourself from the previous settlement, you must submit a new letter of exclusion for this settlement. If you do not exclude yourself, you can object to the terms of the settlement. If you wish to object to the settlement, you must submit a written objection postmarked by May 26, 2016. Instructions on how to exclude yourself or object can be found on the website www.GlucosamineSettlement.com. If you do nothing, you will not receive any money and you will be bound by the terms of the settlement. All members of the Settlement Class who do not exclude themselves will release any claims, including some future claims, related to the Covered Products.
A final hearing will be held on June 30, 2016 at 9:30 a.m. at the Everett McKinley Dirksen United States Courthouse, 219 South Dearborn Street, Chicago, Illinois 60604, to determine the fairness, reasonableness and adequacy of the settlement and to award attorneys' fees and costs. The motions for attorneys' fees and costs and Class Representative awards will be posted on the website www.GlucosamineSettlement.com after they are filed. You may attend the hearing, but you do not have to.
This is only a summary. For detailed information and notices, including a complete description of the Covered Products, visit www.GlucosamineSettlement.com, or write to: Glucosamine Settlement c/o Settlement Administrator, P.O. Box 170, Philadelphia, PA 19105-0170, or call (888) 972-6583.
Source: Bonnett, Fairbourn, Friedman & Balint, P.C, Boodell & Domanskis, LLC and Denlea & Carton LLP
SOURCE Bonnett, Fairbourn, Friedman & Balint, P.C, Boodell & Domanskis, LLC and Denlea & Carton LLP