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Commonly Asked Questions


What is the Settlement about?

Answer:

The lawsuit alleges that between March 10, 2011 and Monday, November 10, 2015, Iovate engaged in a practice known as “protein spiking,” whereby its protein products were “spiked” with amino acids, creatine, and other non-protein ingredients, which Plaintiff claims falsely registered as proteins. 


Plaintiff alleges that as a result of this practice, Defendant’s protein products contained less protein than what Defendant represented. The protein products at issue in this case are sold under the brand names MuscleTech, Six Star, EPIQ, and fuel:one.


Defendant denies all material factual allegations and legal claims asserted in the class action, including any and all charges of wrongdoing or liability arising out of any conduct, statements, acts or omissions alleged.

What are my rights as a Class Member?

Answer:

• You may participate in the Settlement.  If you wish to participate, you must submit and sign a Claim Form on this website by February 8, 2016 or submit a Claim Form by mail, postmarked no later than February 8, 2016.

• You may exclude yourself from the Settlement.  If you wish to exclude yourself, you must submit a written Request for Exclusion.  Your request must be signed and postmarked no later than February 8, 2016.

• If you do not like the Settlement, you may object.  If you wish to object, you must file a written objection with the Court with copies postmarked to Class Counsel and Defense Counsel no later than February 8, 2016.


NOTE: The Claim Filing Deadline was February 8, 2016 and Claims, Exclusions and Objections are no longer being accepted.

What does the Settlement Provide? 

Answer:

Iovate has agreed to pay $2.5 million for the benefit of the Class into a common fund. This fund will used to pay all members of the Class that submit timely and valid Claim Forms for purchases of Protein Products, claims administration expenses, notice expenses, any attorneys’ fee and expense reimbursement award, any incentive award, and tax expenses.

The Settlement also requires Defendant to modify the testing, labeling, packaging, and advertising for applicable Protein Products to ensure that amino acids, creatine and other members of the Class that submit timely and valid Claim Forms for purchases of Protein Products non-protein substances are not included in the protein calculation.
If you wish to participate, you must submit and sign a Claim Form on this website by February 8, 2016 or submit a Claim Form by mail, postmarked no later than February 8, 2016.

NOTE: The Claim Filing Deadline was February 8, 2016 and Claims are no longer being accepted.


What benefit options can I file a claim for?

Answer:

Class members can file claims under the following options:

Option 1: Participating Claimants who provide valid Receipts, will receive a refund of the amount(s) shown on the receipt(s), subject to a cap of $300.00 per household.

Option 2: Participating Claimants who provide valid Proof of Purchase, will receive a refund of the suggested retail price of the Protein Products shown in the Proof of Purchase, subject to a cap of $300.00 per household.

Option 3: Participating Claimants who do not provide Receipts or Proof of Purchase, but swears or affirms under penalty of perjury that they purchased Protein Products between March 10, 2011 and November 10, 2015, will receive $10.00 per Protein Product, subject to a cap of $50.00 per household.

Participating Claimants can submit a Claim Form which contains a combination of Receipts and Proof of Purchase (Options 1 and 2) to substantiate a Claim.

Participating Claimants cannot combine a Claim without a Receipt or Proof of Purchase (Option 3 above) with a Claim that contains Receipts or Proof of Purchase (Options 1 or 2).


Do I need to hire my own attorney?

Answer:

You may hire your own attorney at your own expense if you choose to do so, but you are already represented by Class Counsel as set forth in the Notice.

What is the final approval hearing?

Answer:

The Court will hold a Final Approval Hearing to determine if the settlement should be finally approved as fair, reasonable, and adequate.  The Court will also be asked to approve Class Counsel’s request for attorney’s fees and costs, administration costs, and the Enhancement Awards paid to the Class Representatives.

Where/When is the final approval hearing?

Answer:

A Final Approval Hearing has been scheduled for April 4, 2016 at 1:30 p.m. before United States District Judge Beverly Reid O’Connell, Courtroom 14, United States District Court for the Central District of California, 312 North Spring Street Los Angeles, CA 90012-4701. The hearing may be moved to a different date or time by the Court without additional notice.

Who are the attorneys representing the class?

Answer:

The Court has appointed Daniel L. Warshaw, Bobby Pouya, Alexander R. Safyan, and Matthew A. Pearson, of Pearson, Simon & Warshaw, LLP, as legal counsel for the Class.

What is considered valid supporting documentation?

Answer:

If you are filing a Claim for Option 1 (a refund of the amounts shown on the receipts) you would need to provide receipts showing the amount you paid and the product you purchased. 


If you are filing a Claim for Option 2 (a refund of the suggested retail price) you would need to submit valid proof of purchase such as an image of packaging, label, SKU or other evidence you may have. 

If you are filing a Claim for Option 3 (sworn statement) documentation is not required. 

How much will I receive? 

Answer:

Participating Claimants can recover up to $300 per household for claims with valid Receipts or Proof of Purchase, or $10 per Protein Product with a cap of $50 per household without Receipts or Proof of Purchase. 


Payments may be subject to pro rata reduction if the total purchases represented in all valid Claims exceeds the available settlement funds. This means each Participating Claimant’s recovery would be reduced based on the same percentage as all other class members.

How can I participate in the Settlement?

Answer:

In order to participate and receive a payment in the Settlement you must file a Claim. You can access and file a Claim Form online by clicking HERE or you can submit your Claim Form by mail. Your Claim Form must either be submitted online or mailed to the Claims Administrator so that it is submitted (web) or postmarked (mail) no later than February 8, 2016.

NOTE: The Claim Filing Deadline was February 8, 2016 and Claims are no longer being accepted.

What is a Class Action?

Answer:

A class action is a type of lawsuit in which one or a few named plaintiffs bring suit on behalf of all of the members of a similarly situated group to recover damages for all members of the group, without the necessity of each member filing an individual lawsuit or appearing as an individual plaintiff.  Class actions are used by courts where the claims raise basic issues of law or fact that are common to all members of the class thereby making it fair to bind all class members to the orders and the judgment in the case, without the necessity of hearing essentially the same claims over and over.  Use of the class action eliminates the necessity of filing multiple lawsuits, and assures that all class members are bound by the results of a single lawsuit.

Who is eligible to participate in the settlement?

Answer:

Class Members include all persons in the United States of America who purchased one or more of Defendant’s protein products sold under the brand names MuscleTech, Six Star, EPIQ, and fuel:one at any time from March 10, 2011 to November 10, 2015.

How can I object to the Settlement?

Answer:

To Object you must file a written Objection with the Court, and mail copies to Class Counsel, Defense Counsel, and the Claims Administrator so that it is postmarked no later than February 8, 2016.

The written Objection must contain:

1. A caption or title that identifies the writing as an “Objection to Class Settlement in Eashoo v. Iovate Health Sciences U.S.A. Inc., No. 2:15-cv-01726-BRO-PJW”;

2. Your name, address, and telephone number;

3. The name, address, and telephone number of any attorney you’ve hired to represent you with respect to the objection;

4. The factual and legal grounds for the objection, including any documents sufficient to establish the basis for your standing as a Class Member (Example: Receipt, Proof of Purchase, or verification under oath a to the approximate date(s) and locations(s) of your purchase(s) of the Protein Products); and

5. Identification of the case name, case number, and court for any prior class action lawsuit in which you and your attorney (if applicable) has objected to a proposed class action settlement, the general nature of such objection(s), and the outcome of said objection(s).

NOTE: The Filing Deadline was February 8, 2016 and Objections are no longer being accepted.


When will I be paid?

Answer:

You will be paid after (and if) the Court approves the Settlement and there is a Final Order and Judgment in the lawsuit. If there are any appeals, you will not be paid until after any appeals are resolved.

I don’t have any documents but I want to file so I can get the $300.00 payment.

Answer:

In order to file a valid claim for a refund of the suggested retail price you would be required to provide supporting documentation. If you do not have documentation you can filed a claim for $10.00 per Protein Product, subject to a cap of $50.00 per household.

Do I have to pay attorney’s fees?

Answer:

The only way that you would have to pay attorneys’ fees is if you choose to hire your own attorney.

Do I have to attend the final approval hearing?

Answer:

It is not necessary for you to appear at the hearing, but you may attend if you want to, at your own expense.

May I speak at the final approval hearing?

Answer:

You may attend the hearing, but it is not required, to have a comment or objection considered by the Court. If you intend to appear at the Final Approval Hearing regarding your objection, you must also file with the Court a notice of your intention to appear, either in person or through an attorney, no later than February 8, 2015.  Your notice of intention must list the name, address, telephone number, facsimile number, and email address of the attorney, if any, who will appear.

Who pays attorney’s fees?

Answer:

Any attorneys’ fees and costs awarded by the Court will be paid from the Non-Reversionary Common Fund established by defendant Iovate. The Class will not have to pay anything toward the fees or expenses of Class Counsel.

Can more than one person file a claim in the same household?

Answer:

Multiple Participating Claimants from the same household can submit more than one Claim Form, subject to the cap of $300.00 per household. If multiple claims are filed from the same household exceeding $300 will be subject to a pro rata reduction.

What if I do not agree with the recovery amounts, I feel they should be larger? 

Answer:

The amounts were determined per the Settlement Agreement. If you would like more information regarding the settlement please contact Plaintiffs’ counsel or click HERE to read the settlement agreement.

How can I exclude myself from the Settlement?

Answer:

To exclude yourself from the proposed Settlement, you must send a letter stating that you want to be excluded from the Class in Eashoo v. Iovate Health Sciences U.S.A., Inc. to the Claims Administrator postmarked no later than February 8, 2016.  

A request for exclusion must be submitted by a member of the Class, and contain the Class Member’s name, address, and telephone number. 

NOTE: The Filing Deadline was February 8, 2016 and Exclusions are no longer being accepted.



What Iovate protein products are part of the Settlement? 

Answer:

The lawsuit involves protein supplements manufactured by Iovate, including protein shakes and beverages, both in liquid (ready to drink) and powdered form, as well as bars, and gels sold under the brand names MuscleTech, Six Star, fuel:one, and EPIQ. 

Click HERE for a complete list of Protein products

What if I do nothing?

Answer:

If you are member of the Settlement Class and you do nothing, you will not receive any money from the Settlement and will be bound by the terms and conditions of the proposed Settlement, if approved. You will not be able to sue Iovate or its related entities for the claims in this lawsuit.

Can an individual file more than one claim?

Answer:

More than one claim should only be filed if you are filing a claim for some products with documentation and other products without documentation. These claims should not be combined but filed separately.

How much are the attorneys receiving?

Answer:

When they ask the Court to approve the Settlement, they will also make a motion to the Court for an award of attorneys’ fees in an amount not to exceed $625,000 (25% of the Non-Reversionary Common Fund) and up to $15,000 in verified costs and expenses.

Who are the class representatives?

Answer:

The Court has appointed Plaintiff James Eashoo to serve as the Class Representative.

I filed my claim form but I need to change it.

Answer:

Before claim filing deadline: Please log in and modify your claim or send a letter indicating the correction you would like made on your claim form. Please include your name, address, and contact information in your request and it will be reviewed. You should NOT file another claim. 

After the claim filing deadline: Claims can not be changed or amended after the February 8, 2016 claims filing deadline. 

What am I giving up by participating in the Settlement?

Answer:

By submitting a Claim Form or not taking any action, you remain in the Settlement Class and give up your right to sue Iovate for the claims being resolved by this Settlement, if the Court approves the proposed Settlement as final. The specific claims you are giving up are described in the First Amended Complaint filed on April 10, 2015 and the Settlement Agreement. Copies of the First Amended Complaint and Settlement Agreement can be found by clicking the links below.

Complaint

Settlement Agreement

What will the class representatives receive?

Answer:

Plaintiff James Eashoo may apply to the Court for an enhancement award of $5,000 for his service as a Class Representative.

Disclaimer

This site is not operated by the Plaintiff or the Defendant. This class action settlement is supervised by the Court and is administered by a claims administration firm that handles all aspects of claims processing.

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