UPDATE: Settlement Checks were mailed on May 16, 2016.
If you bought any MuscleTech, Six Star, EPIQ, or fuel:one protein products between March 10, 2011 and November 10, 2015
You Could Get Up to $300 from a Class Action Settlement
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 Health Sciences denies these claims and denies any wrongdoing.
Who is included in the Settlement?
Anyone who bought one or more eligible MuscleTech, Six Star, EPIQ, fuel:one Protein Products between March 10, 2011 to November 10, 2015 is 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. For a complete list of included products click HERE.
What does the Settlement provide?
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. To read the full Settlement Agreement click HERE.
How can I get a payment?
You must submit a Claim Form online
via on or before February 8, 2016. The payment amount you receive will be based in part on the quantity and price of the products you purchased, whether you have proof of purchase, and the total number of claims made.
What are my rights?
Even if you do nothing you will be bound by the Court’s decisions. If you want to retain your right to sue Iovate yourself, you must exclude yourself from the Settlement on or before February 8, 2016. If you stay in the Settlement, you 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. You or your own lawyer may appear and speak at the hearing at your own expense, but you do not have to do so.
NOTE: The Claim Filing Deadline was February 8, 2016 and Claims are no longer being accepted.