Plaintiffs v Iomedix Cold International SRL
A Settlement Has Been Proposed in a Class Action Lawsuit Involving Cold MD Dietary Supplement
A notice program authorized by the Los Angeles County Superior Court began over the weekend to alert those who purchased Cold MD dietary supplement from March 26, 2004 through May 29, 2009 about a proposed settlement against Iomedix Cold International SRL. The notice is a result of the Court certifying a plaintiff class in a lawsuit alleging that Defendant made misleading or false statements about Cold MD dietary supplement.
The lawsuit, Eduardo Salcido, et al. v. Iomedix Cold International SRL, Case No. BC 387942, claims Defendant made false and misleading statements in their labeling and advertising of Cold MD dietary supplement. The settlement includes only the Cold MD dietary supplement, which was packaged as "Cold MD" and had the words, "Dietary Supplement" printed on the lower right corner of the box it was sold in.
All Class Members can submit claims online at: www.ColdMDSettlement.com or via U.S. mail. Each Class Member who provides a valid receipt or credit card statement showing they purchased Cold MD dietary supplement will be sent a check in the amount of $10.00 for each bottle purchased during the Class Period. Each Class Member who does not have a valid receipt or credit card statement showing they purchased the Cold MD dietary supplement, but who submits the Declaration included in the Claim Form saying that they purchased the product, will be sent a check in the amount of $5.00 for each bottle purchased during the Class period (up to a maximum of three bottles if the Claim Form is submitted online at www.ColdMDSettlement.com and up to a maximum of six bottles if the Claim Form is sent via U.S. mail).
The Court appointed the law firm of Milstein, Adelman, & Kreger, LLP to represent the Class as Plaintiffs' Lead Class Counsel.
In addition to submitting a claim form to ask for payment, Class members can ask to be excluded from, or object to, the settlement. Claim forms must be postmarked no later than September 22, 2009. The deadline for exclusions and objections is August 24, 2009.
A toll-free number, 1-888-266-9438, has been established in this case along with a website, www.ColdMDSettlement.com, where notices, claim forms, the settlement agreement, and the Court's preliminary approval order may be obtained. Those affected also may write to: Cold MD Settlement Administrator, PO Box 3518, Portland, OR 97228-3518.
