Superior Court for the State of California, San Diego County
Case No. 37-2013-00048664-CU-BT-CTL
NOTICE: The Final Fairness Hearing has been rescheduled from February 7, 2020 to March 6, 2020, at 10:30 a.m.
If You Purchased Lipozene Weight Loss Pills, You Could Be Entitled To Money From A Proposed Class Action Settlement
• A Settlement has been reached between Obesity Research Institute, LLC, Continuity Products, LLC, Henny den Uijl, and Sandra den Uijl (“Defendants”) and DeMarie Fernandez, Alfonso Mendoza, and Fred Duran (“Class Representatives” or “Plaintiffs”), individually and on behalf of the Settlement Class. The Proposed Settlement resolves a class action lawsuit about allegations that Defendants made false and misleading statements in their labeling and advertising regarding the effectiveness of Lipozene weight loss pills. Defendants deny the allegations. The Court did not rule in favor of either side. The Parties agreed to the Settlement to avoid the expense and risks of continuing the lawsuit.
• You are a Class Member if you are a resident of the United States who purchased Lipozene weight loss pills from August 10, 2012 through October 28, 2019.
• Class Members without Proof of Purchase may submit a Claim to receive $7 per unit of Lipozene, with a cap of 1 unit. Class Members with Proof of Purchase may submit a Claim to receive a refund of the amount(s) shown on the Proof(s) of Purchase, up to $15 per unit, with a cap of 4 units. The Claim amount may be subject to pro rata dilution if the total amount of Claims exceeds the available Settlement funds.
Please read this Website carefully and in its entirety.
Your rights may be affected by this Settlement of this lawsuit, and you have a choice to make now about how to act:
YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT
SUBMIT A VALID CLAIM BY FEBRUARY 17, 2020
This is the only way to receive Settlement benefits, if you qualify. By submitting a Claim, you will give up any rights to sue Defendants separately about the same legal claims in this lawsuit.
EXCLUDE YOURSELF FROM THE CLASS BY JANUARY 24, 2020
If you opt-out of the Settlement, you will not be eligible to receive the Settlement benefits, but you will keep any rights to sue Defendants separately about the same legal claims in this lawsuit.
OBJECT OR COMMENT BY JANUARY 24, 2020
You may write to the Court about why you do, or do not, like the Settlement. You must remain in the class to comment in support of or in opposition to the Settlement.
APPEAR IN THE LAWSUIT OR ATTEND A HEARING ON MARCH 6, 2020
You may ask to speak in Court about the fairness of the Settlement. You may enter your appearance in Court through an attorney if you so desire.
If you do nothing, you will receive no Settlement benefits. You will also give up your right to sue Defendants on your own regarding any claims that are part of the Settlement.
• Your options – and the deadlines to exercise them – are further explained on this website.
• The Court in charge of this case still has to decide whether to approve the Settlement. The Settlement Benefits will be made available if the Court approves the Settlement and after any appeals are resolved. Please be patient.