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This settlement is closed!
Please see what other class action settlements you might qualify to claim cash from in our Open Settlements directory!
UPDATE 2: On Sept. 1, 2020, Top Class Actions viewers started receiving checks from Atkins net carbs settlement worth as much as $35.90. Congratulations to everyone who filed a claim and got PAID!
UPDATE: On June 26, 2020, the Atkins Net Carbs Class Action Settlement was granted final approval. Let Top Class Actions know when you receive a check or electronic payment in the comments section below or on our Facebook page.
Consumers have secured more than $6.8 million in cash and other relief in an Atkins net carbs class action settlement, putting allegations to rest that the diet food manufacturer mislabeled the products’ sugar alcohol and/or polyol contents.
Class Members include those who purchased Atkins products made with sugar alcohol or polyol. Sugar alcohol is known as maltitol and polyol is also known as glycerin.
Purchases in New York, Missouri and California must have been made between Jan. 1, 2013 and the present. Purchases in other states must have been made between Jan. 1, 2014 and the present to qualify for the settlement.
Atkins was hit with multiple class action lawsuits over the contents of the products based on the popular “low-carb” diet, initially created by Dr. Robert Atkins. The plaintiffs alleged that various foods made by Atkins Nutritionals Inc. were mislabeled in regards to their net carb contents.
Under the auspices of the Atkins diet, dieters attempt to lose weight by restricting their sugar and carb intake to as low as possible. Atkins Nutritionals allegedly addressed dieters’ cravings for candy and chocolate by offering substitutes containing “no net carbs.”
However, according to a Atkins net carbs class action lawsuit, the company ignored one type of carbohydrate called sugar alcohols. Atkins denied that sugar alcohols affected the net carb content of their products, but the plaintiffs say scientific research shows these ingredients still affect blood sugar levels.
Despite not admitting any wrongdoing, the company agreed to offer both cash and other relief to Class Members as a part of the Atkins net carbs class action settlement.
Under the terms of the settlement, Class Members can receive reimbursement for the purchase of any of the following Atkins products; Chocolate Covered Candies, Chocolate Peanut Candies, Milk Chocolate Caramel Squares, Peanut Butter Cups, and Chocolate Caramel Mousse Bars.
Class Members who provide a receipt or other proof of purchase can receive 25 percent of the purchase price of the product. There is no limit to the number of products that can be claimed with proof of purchase.
Class Members without proof of purchase can receive 10 percent of the purchase price of the product. Class Members can receive up to $100 in reimbursements without proof of purchase.
In addition, Atkins has agreed to modify its labels to remove statements regarding the impact of sugar alcohols and polyols on blood sugar, remove several products containing sugar alcohols, and reduce or remove maltitol from its products.
To make a claim in the Atkins net carbs class action settlement, Class Members must complete and submit a claim form online or via mail. Claim forms must be submitted by April 27, 2020.
The deadline to opt-out of or object to the Atkins net carbs class action settlement is April 27, 2020.
Who’s Eligible
Class Members include those who “purchased Atkins products that contained any sugar alcohol (including but not limited to maltitol) or polyol (including but not limited to glycerin) during the Purchase Period. The Purchase Period is from January 1, 2013 to the present for purchases in New York, Missouri and/or California, and from January 1, 2014 to the present for purchases in any other state.”
Potential Award
Class Members can receive reimbursement for the purchase of any of the following Atkins products; Chocolate Covered Candies, Chocolate Peanut Candies, Milk Chocolate Caramel Squares, Peanut Butter Cups, and Chocolate Caramel Mousse Bars.
- Class Members who can provide a receipt or other proof of purchase can receive 25 percent of the purchase price of the product. There is no limit to the number of products that can be claimed with proof of purchase.
- Class Members without proof of purchase can receive 10 percent of the purchase price of the product and are limited to $100 in reimbursement.
Proof of Purchase
Proof of purchase is not necessary to make a claim, but Class Members who provide proof of purchase, such as a receipt, can receive additional compensation.
Claim Form
NOTE: If you do not qualify for this settlement do NOT file a claim.
Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator.) If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.
Claim Form Deadline
4/27/2020
Case Name
Fernandez v. Atkins Nutritionals Inc., et al., Case No. 3:17-cv-01628-GPC-WVG, in the U.S. District Court for the Southern District of California
Colella v. Atkins Nutritionals Inc., Case No. 1:17-cv-05867, in the U.S. District Court for the Eastern District of New York
Smith v. Atkins Nutritionals Inc., Case No. 2:18-CV-04004-MDH in the U.S. District Court for the Western District of Missouri
Final Hearing
6/25/2020
Settlement Website
Claims Administrator
Smith, et al. v. Atkins Nutritionals Inc.
c/o CPT Group Inc.
50 Corporate Park
Irvine, CA 92606
1 (888) 531-0208
ANIClassSettlement@cptgroup.com
Class Counsel
Matthew Dameron
WILLIAMS DIRKS DAMERON LLC
Defense Counsel
Michael J. Duvall
DENTONS US LLP
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298 thoughts onAtkins Net Carbs Class Action Settlement
I received an email to provide banking info to send $9.07. I completed it on 9/1/2020 and no payment yet. I’m waiting. This is ridiculous!
That’s what I would like to know if they are sending out check as well.
So are they sending out paper checks at all or is this email asking for bank info for settlement amount the only way we get paid for this settlement ???
I received an email asking for bank info for settlement amount to be sent. Is it safe? I’ve never been asked anything other than an email for PayPal, but routing and account seems a bit much for under $10. Sounds like a future class action waiting to happen. Can we confirm the legitimacy of this?
I called earlier and left a message. A nice lady called me back not long ago and told me that checks are going out they were mailed 9/1/20 coming from CA. She told me I elected for a check. I asked her how much was my check and she said they didn’t update the system with amounts but, she see a check went out for me. She looked and told me I claimed $320.52 worth of products so, she said if I sent in proof I’ll get 25% of that or if I didn’t send in proof I would get 10% of that but, no more than $100.00. So hopefully mine may be more than a few cents or dollars with any luck. I will post amount when I do receive it.
I was wondering the same, doesn’t seem safe. Like a future class action waiting to happen when our accounts are hacked.
Received $12.45 through an email today. Thanks
I received an email today for a payment of $33.58 and I had to fill out some personal info in order to get the funds.
Did you feel that was safe? I got email and asked for bank account & routing number. You think this is okay?
I was wondering the same, doesn’t seem safe. Like a future class action waiting to happen when our accounts are hacked.
Update on the claim : ( all claimants receiving, on average, $9.73, from the Settlement Fund )
CPT Group also has effectively administered the claims process for the benefit of the
Settlement Class. CPT received and reviewed more than 206,000 Claim Forms, from which it identified
and culled more than 38,000 duplicative claims, approximately 7,500 fraudulent claims,
and 11 untimely claims. Ex. 1 at ¶¶ 19-28. Through these efforts, CPT has ensured that the full
extent of the Monetary Relief is reserved for the 159,251 non-duplicative, valid claims timely
submitted by Settlement Class Members. Ex. 1 at ¶¶ 29. As a result, if the Settlement is finally
approved, the 151 Settlement Class Members who submitted claims with Proof of Purchase will,
on average, receive $22.69, the 599 Settlement Class Members who submitted claims with and
without Proof of Purchase will, on average, receive $13.82, and the 158,501 Settlement Class
Members who submitted claims without any Proof of Purchase will, on average, receive $9.71,
with all claimants receiving, on average, $9.73, from the Settlement Fund funded by Atkins
Nutritionals on January 16, 2020 (and accruing interest since then), even after applying the pro
rata reduction that was necessary because of the volume of valid claims submitted.
Who else got the rejection email? I got nothing.
I did not get any email from admin for claim denial . Does that mean, my claim was approved?