Robbins v Gencor Nutrients, Inc.
Circuit Court Of Cole County, Missouri Case No. 16AC-CC00366
Attention Purchasers of products containing TESTOFEN® purchased between January 1, 2010 and May 14, 2018 you may be eligible for a benefit from a class action settlement.
• This class action settlement will resolve a lawsuit against Gencor Nutrients, Inc., (“Gencor”); PharmaFreak Holdings, Inc.; Force Factor, LLC; Dreambrands, Inc.; General Nutrition Centers, Inc.; General Nutrition Corporation; GNC Corporation; S&G Properties, LLC; KingFisher Media, LLC; Direct Digital, LLC and Prevention LLC d/b/a Naturade (“Defendants” and, together with Plaintiffs, the “Parties”). It affects all Persons who, between January 1, 2010 and May 14, 2018, inclusive, bought (for personal use and not resale) Products or received a Trial Offer of Product containing Testofen® manufactured, supplied, marketed, sold and/or distributed by Defendants (the “Products”).
• A proposed class action settlement has been reached concerning products containing the ingredient Testofen® ("the Testofen Products"). The lawsuit contends that the studies do not support the marketing claims associated with products containing Testofen®.
• Defendants deny any wrongdoing.
• Settlement class members may elect a Benefit of $1.99 per Household for Subclass Number 1 Claims, or a Benefit of $5.26 per Household for Subclass Number 2 Claims, or a Benefit of $5.26 per Household for Subclass Number 3 Claims, or a Benefit of $7.26 per Unit for a maximum of two Units or $14.52 per Household for Subclass Number 4 Claims. Settlement class members may receive less money depending on a number of factors including how many Valid Claims are actually submitted. The total settlement amount will not exceed $7,000,000.
• The lawyers who brought the lawsuit will ask the Court for up to $600,000 to be paid as an Attorneys’ Fees and Expense Award for investigating the facts, litigating the case, and negotiating the settlement. They will ask for $2,500 per Plaintiff who brought this lawsuit, to be paid from the Attorneys’ Fees and Expense Award, as an Incentive Award.
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YOUR RIGHTS AND OPTIONS IN THIS SETTLEMENT |
DEADLINE | |
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Submit a Claim Form |
The only way to receive payment. |
September 28, 2018 |
| Exclude Yourself From the Class |
Get out of the lawsuit and the settlement. This is the only option that allows you to ever bring or join another lawsuit against Defendants that raises the same legal Claims released by this settlement. You will receive no payment. |
July 30, 2018 |
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Object |
Write to the Court about why you don’t like the settlement, the amount of attorneys’ fees, or the payments to the Plaintiffs. |
July 30, 2018
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Appear In The Lawsuit Or Attend A Hearing |
Speak in Court about the settlement. (If you object to any aspect of the settlement, you must submit a written Objection by the Objection Deadline). You may enter your appearance in Court through an attorney at your own expense if you desire. |
July 30, 2018 |
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Do Nothing |
You will receive no payment and have no right to sue later for the Claims released by the settlement. |
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