Top Class Actions viewers are starting to receive checks from an Instaflex class action settlement worth $37.60.
Direct Digital LLC faced class action allegations that their Instaflex Joint Support Supplements were deceptively marketed.
According to the 2013 Instaflex class action, the glucosamine sulfate supplements were wrongfully marketed as “scientifically formulated” and “clinically tested” to help joint health.
Plaintiff Vince Mullins argued that, despite the ingredient’s popularity in arthritis joint supplements, glucosamine has not been shown to help joints. Glucosamine is naturally found in the cartilage cushioning bones but reportedly hasn’t been proven as effective when taken as an oral supplement.
Because the Instaflex statements were allegedly false, Mullins claimed that Direct Digital violated state consumer protection laws with their marketing tactics.
Direct Digital did not admit any wrongdoing but agreed to settle the Instaflex class action in March 2017. Based on the Instaflex class action settlement, Direct Digital would pay $4.5 million to resolve the claims against them.
“This is undoubtedly a complex case, and continued litigation will come at considerable expense to plaintiff and Direct Digital, and at significant expense to the limited resources of the court,” the Instaflex class action settlement documents noted.
The settlement also forced Direct Digital to stop using deceptive advertising to market their products as “special, revolutionary or exclusively formulated.” $400,000 of the settlement reportedly went towards administration fees and court costs, with another $1.5 million set aside for attorneys’ fees. The rest of the settlement fund was set to compensate consumers for their purchases of Instaflex supplements.
Under the Instaflex class action settlement, Class Members could collect up to $15 per bottle of Instaflex Joint Support they purchased. Payouts were limited to $105 per household. Consumers who received a sample of the products in exchange for shipping and handling costs were entitled to $5.
These amounts were subject to increase or decrease based on the number of valid claims filed with the settlement.
The deadline to file a claim with the settlement was Sept. 5, 2017. Final approval of the settlement was granted on Sept. 8, 2017.
Did you received a check from the Instaflex class action settlement? Let us know in the comment section below!
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The plaintiff and proposed Class are represented by Elaine Ryan of Bonnett Fairbourn Friedman & Balint PC, Max Stein of Boodell & Domanskis LLC, and Stewart Weltman of Siprut PC.
The Instaflex Joint Supplement Class Action Lawsuit is Vince Mullins v. Direct Digital LLC, Case No. 1:13-cv-01829, in the U.S. District Court for the Northern District of Illinois.
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