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Case ID: 2615 | Consumer Products | 08/12/2003
The parties have reached a tentative $3 million settlement in a nationwide class action filed against dietary supplement manufacturer The Chemins Company, Inc. and its owner, James R. Cameron, on behalf of all persons who purchased for their personal consumption powdered protein products manufactured by the company from January 1, 1993, to January 31, 2002. The action alleged that the company violated the federal Racketeer Influenced and Corrupt Organizations Act (RICO) when it conspired to sell protein supplements that had far less protein than advertised on the products' labels. Claims must be postmarked on or before September 15, 2003, to be considered valid.
The action alleged that the company manufactured, labeled and marketed powdered protein products for sale that contained only half the protein content and twice the carbohydrate content advertised on the product labels. The protein supplements covered by this settlement are Baywood Protein, Body Designer, Colgan Protein Shake, Neogen Protein Shake, Nurish Protein, Parvenu Protein, Protein Plus, Pure-Gro, Pure-Lean, Ultrim, and Vitameal. Chemins will establish a $3,000,000 settlement fund for distribution as provided in the plan of allocation described in the settlement agreement to supplement purchasers who submit valid and timely proof of claim forms. Eligible claimants will receive a maximum 100% refund of the purchase price of the products they bought. Calculation of benefits will be based on the purchase price paid by each eligible class member multiplied by the number of canisters of products purchased by that person. Class members who properly complete the claims process will be entitled to a pro rata share of the settlement fund. Class members' recovery will depend on the number of claims filed. Claim forms may be downloaded from the settlement website. The settlement will not be effective until the court grants it final approval. The court has scheduled a hearing on the matter for October 28, 2003.
At Lawcash.com, it is our goal to keep you informed about important legal cases, class actions and settlements. Our lawyers offer free legal evaluations in tort cases, class actions, personal injury, and other lawsuits because we are dedicated to helping you resolve your legal complaints. Other Consumer Products Cases of Interest A class action has been filed on behalf of consumers who purchased the “Thinking 21C” program from education and consulting services provider/retailer Stratia Group. The complaint alleges that Stratia claimed that “Thinking 21C”, a collection of DVD’s and associated counseling services, would “open the eyes of purchasers to the way the world really works”. The program promised to reveal “intricacies and loopholes” that purchasers could use to eliminate debt and increase wealth. Plaintiffs contend that in fact, after purchasing the program, Stratia provided bogus and fraudulent debt counseling services that had the effect of dramatically worsening the plaintiff’s debt and credit problems. Plaintiffs seek damages of 2.25 million per count in the eight count complaint, together with treble punitive damages. Sex sells, even if your product is bogus. A nationwide class action has been filed against Berkeley Premium Nutraceuticals, Inc. on behalf of purchasers of the popular male enhancement product Enzyte, who allege that the company uses false and deceptive advertisements with phony statistics to lure naïve consumers in violation of state consumer protection laws. Two bands, Allman Brothers Band and Cheap Trick, have sued Sony BMG for underpaying them for digital downloads of their music. The class action suit, filed in a New York District Court, alleges that Sony BMG does not share 50 per cent of the net licensing revenue generated by digital downloads with music artists. According to the lawsuit, the bands are given only 4.5 cents per 99-cent download, instead of the 30 cents that they are entitled to. This is because each download is treated as a sale of a cassette or a CD even though it is not. So a charge of 20 per cent is deducted for containers and packaging of the product, and a further 50 per cent for 'audiofile'.
A Fort Smith attorney has filed a class-action lawsuit against Arkansas Oklahoma Gas Corporation, (AOG) claiming the company overcharged its customers.
The lawsuit was filed on behalf of several named clients, as well as all customers of AOG. The Center for Science in the Public Interest, a food industry watchdog group, is suing KFC over an allegedly serious health threat from KFC chicken, potato wedges, pot pies, and other dishes with partially hydrogenated oil. The food industry watchdog group claims it filed a class-action lawsuit against Yum Brands KFC unit for cooking chicken and other foods in oil that contains artery-clogging trans fat. The lawsuit seeks to end KFC's use of partially hydrogenated oil in fried chicken and other dishes.
The Illinois Supreme Court recently ruled that a lawsuit filed against Cingular Wireless can proceed as a class action. |
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