Top Class Actions  |  January 21, 2020

Category: Closed Class Actions

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This settlement is closed!

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atkins endulge bar

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

  1. Rose says:

    Received $35.90 today in New York State.

  2. Johanne Wilde says:

    Received check today for $28.08 in New York State

  3. Connie B says:

    $4.61 today

  4. bIG mIKE says:

    $6.34
    Columbia, SC

  5. Steph says:

    Seen on my informed delivery email this morning that my check will be here today!!! Woot woot. I’m in KY.

  6. Rebecca says:

    Informed delivery states a check is coming today. I have no idea how much but I will update when the mail comes. I’m in NC if that helps

  7. MeMe says:

    Holiday weekend, The Rona, etc. has delayed everything.
    I imagine the direct deposit will be done this week.
    Checks? USPS is behind too. Planes are still down.
    Be patient folks.

  8. ----- says:

    9/4
    **UPDATE** Settlement payments were issued and mailed on September 1, 2020 to class members who submitted valid and timely claims to the Settlement Administrator. If you submitted a timely and valid claim elected for direct deposit, an email was sent to the email address on file on September 1, 2020 with instructions on how to obtain your settlement payment. The deadline to redeem your Settlement payment is November 1, 2020.

    1. ----- says:

      I interprete this statement to mean both methods for payment were initiated on Sept 1. That includes correspondence via email was issued to set-up Direct Deposit as well as checks were mailed Sep 1. How long it takes after providing the information they need for electronic deposit will determine how quick your payment would be deposited. As for checks coming from the west coast, it will take a few days, plus Monday is a federal holiday with no mail service.

  9. Kiiyana says:

    I did the email bank deposit thing with my cash app card since it’s less linked to me. But it’s been about 2 days and no payment received. How long will it take?

  10. JRK says:

    I emailed the claims administrator about other options because I don’t remember selecting direct deposit on any claims, and am not comfortable with the idea of providing bank info. This was the reply:

    You received an email because you chose to receive your settlement award via direct deposit. The Claim Form clearly indicated that you would receive further correspondence via email to set-up Direct Deposit. There is no PayPal option.

    If you would rather receive payment via check, please reply to this email and confirm your full name and mailing address. Please note that it may take additional time to switch your preferred method of payment.

    I’m going to provide my address and see what happens. I agree with others, this amount is not worth the risk.

    1. Ann says:

      Thanks for the update but I was curious about the paper checks since I didn’t choose to have direct deposit ? Did they give any information on when or if they would go out or when the direct deposit payments will be made ? Thanks

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Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.