A federal court has preliminarily approved a class action lawsuit settlement that will provide a $20 cash payment or 50%-off savings voucher to consumers who purchased Procera AVH, which the Plaintiffs allege was falsely advertised as helping to improve brain function.
The Procera AVH settlement will resolve a class action lawsuit, entitled O’Brien, et al. v. Brain Research Labs, LLC, that alleges Brain Research Labs (“BRL”) made false and misleading advertising and marketing statements that Procera AVH improves brain function. BRL sold Procera AVH primarily through direct marketing channels (such as infomercials and on its website), but also at select retail establishments.
BRL denies any wrongdoing, but has agreed to a class action lawsuit settlement to avoid ongoing litigation.
Class Members of the Procera AVH class action settlement include all U.S. residents who purchased Procera AVH from January 1, 2005 to March 23, 2012 through direct marketing channels or through retail. Purchasers who have received a refund or debit/credit card chargeback for the purchase price of the product at any time are NOT included in the class action settlement.
As a Class Member, you’re entitled to one of the following benefits if you submit a valid claim form postmarked or submitted online at www.gilardi.com/brlsettlement by August 10, 2012:
- 50%-Off Savings Voucher: Each Settlement Class Member can choose to receive a savings voucher for 50% off the purchase of any of the following BRL products: Procera AVH, Ceraplex, Omega-3 DHA, Gabarest or 20/20 BrainPower Book. Each of these products has an MSRP of between $19.95 and $69.95 per unit.
- $20 Cash Payment: In lieu of the savings voucher, Settlement Class Members can choose to receive a one-time cash payment of $20. This amount may be reduced pro rata if the amount of valid claims submitted requesting a cash payment exceeds $500,000.
Claim forms and more information on your rights in the BRL Procera AVH Class Action Lawsuit Settlement can be found at www.gilardi.com/brlsettlement.
Detailed instructions on how to file a valid claim for the Procera AVH settlement can be found in our Open Lawsuit Settlements section.
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