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IMPORTANT UPDATE:
The Fairness Hearing has been continued from August 20, 2014 at 9:30 am to November 12, 2014 at 9:30 am.

Overview Of The Proposed Settlement

Daniel Garcia v. Iovate Health Sciences U.S.A., Inc., Case No. 1402915

A settlement has been reached between Iovate Health Sciences U.S.A. Inc. ("Iovate" or "Defendant") and Daniel Garcia and Kevin Branca ("Class Representatives" or "Plaintiffs"), individually and on behalf of the Settlement Class.

The settlement resolves a class action lawsuit about allegations that Iovate made false and misleading statements in its labeling and advertising regarding the effectiveness of Hydroxycut dietary supplement products.

Iovate denies the allegations and is settling to avoid the expense and distraction of litigation. The settlement does not mean Iovate did anything wrong, and the Court has not decided that Iovate did anything wrong.

The settlement provides cash payments based on the amount of Hydroxycut products purchased.

YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT
SUBMIT A VALID CLAIM The only way to get a cash payment, if you qualify.
EXCLUDE YOURSELF This is the only option that allows you to be part of any other lawsuit against Iovate about the legal claims in this case.
OBJECT Tell the Court about why you don’t like the settlement.
GO TO THE HEARING Ask to speak in Court about the settlement.
DO NOTHING Get no benefits. Give up rights to be part of any other lawsuit against Iovate about the legal claims in this case.

Please consult the Notice for more details on your options.

Fairness Hearing

The Court will hold a Fairness Hearing at 9:30 a.m. on November 12, 2014, at Department 6, 1100 Anacapa Street, Santa Barbara, California 93121-1107. At this hearing the Court will consider whether the settlement is fair, reasonable, and adequate. If there are objections, the Court will consider them. The judge will only listen to people who have filed a written objection. The Court will also decide how much to pay the Class Representatives and the lawyers representing Class Members. After the hearing, the Court will decide whether to approve the settlement. We do not know how long these decisions will take.





Important Dates
DateDeadline
July 30, 2014
(passed)
Claim Form Deadline
(postmarked)
July 30, 2014
(passed)
Exclusion Deadline
(postmarked)
July 30, 2014
(passed)
Objection Deadline
(filed and postmarked)
November 12, 2014
at 9:30 a.m.
Fairness Hearing

Your Options

  • To participate in the Settlement, you must have submitted a Claim Form
  • To find out details regarding how to have excluded yourself from or how to have objected to the Settlement, please consult the Notice