Brigette Honaker  |  January 21, 2019

Category: Food

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woman drinking premier protein shakeA $9 million settlement was given final approval by a federal judge, resolving claims that Premier Nutrition overstated the amount of protein in their shakes.

On Jan. 17, U.S. District Judge Analisa Torres determined that the Premier Nutrition settlement was a fair resolution to the protein content litigation and would allow both plaintiffs and defendants from the risks associated with continued litigation.

Judge Torres also noted that only seven Class Members had objected to the settlement and only 135 Class Members opted out.

With a Class estimated to include millions of consumers, the judge determined that the deal reflected well upon the lawyers who helped reach the $9 million deal.

“Most of [the objections] claim the proposed settlement is inadequate for plaintiffs who bought large numbers of protein shakes,” Judge Torres said. “The remainder of the objections are similarly without merit.”

Under the settlement, plaintiffs will receive up to $0.86 per shake with a total of up to $40 per claimant. The settlement was originally set to pay $1 per purchased shake, but data received from Sam’s Club and Costco revealed higher claim numbers than anticipated.

Premier Nutrition recently told the court that more than 246,000 Class Members had submitted claims with 24,000 indicating they have proof of purchase. Due to the hundreds of thousands of claims filed, the award per shake was reduced by 14 cents.

Lawyers for the plaintiffs, who reportedly told the judge that they are “proud of this settlement,” will receive $3 million in court costs and attorneys’ fees.

The $608,000 in time worked by the attorneys was noted as being “on the high end” by the judge, but she determined that the range for the time and the fraction of the award were within a reasonable range for the court to approve.

Plaintiffs originally filed their protein content class action lawsuit against Premier Nutrition in August 2017.

Lead plaintiff Joseph Gregorio said that the nutritional company claimed that their protein drinks contain 30 grams of protein, when the beverages actually contain between two and five grams less than the stated amount.

Flavors allegedly affected by the misleading label include Vanilla, Chocolate, Strawberries & Cream, Banana & Cream, Peaches & Cream, Cookies & Cream, Mixed Berry, Organic Chocolate, Organic Vanilla and Caramel.

The Premier Nutrition shake settlement was initially reached in September 2018 after mediation between the nutrition company and plaintiffs in the protein content class action lawsuit.

The settlement Class included consumers who purchased the affected flavors of Premier Protein Ready-To-Drink Shake beverages between Aug. 8, 2011 and Oct. 12, 2018.

Consumers had until Dec. 20, 2018 to file their claim and recover payment under the Premier Nutrition protein shake class action settlement.

Plaintiffs and settlement Class Members are represented by Phillip Fraietta and Alec Leslie of Bursor & Fisher PA, and Nick Suicu of Barbat Mansour & Suciu PLLC.

The Premier Nutrition Protein Shake Class Action Lawsuit is Gregorio v. Premier Nutrition Corp., Case No. 1:17-­cv-­05987, in the U.S. District Court for the Southern District of New York.

UPDATE: On March 29, 2019, Top Class Actions viewers started receiving settlement checks worth up to $17.20 from the Premier Protein shake class action settlement. Congratulations to everyone who filed a valid claim and got PAID!

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162 thoughts onJudge Gives Final OK to $9M Premier Nutrition Protein Shake Settlement

  1. Evette Franklin says:

    Add me.

  2. LEROY LONG says:

    NEVER GOT MINE. I FILED CLAIM A WHILE ago

  3. Naya says:

    Still nothing

  4. Raphael Paz says:

    nevermind got it now.

  5. Raphael Paz says:

    no nothing here

  6. kevin says:

    Check for $7.79 arrived today….. funny it never showed in Informed Delivery, lol

  7. Jennifer boyle says:

    Add me

  8. Sara Dinapoli says:

    Check received today for 15.48

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