Anne Bucher  |  December 17, 2015

Category: Closed Class Actions

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Elations joint supplement class action lawsuit

The Elations Company LLC has agreed to settle a class action lawsuit that alleges the company falsely advertised Elations Healthier Joints Daily Joint Supplement Drink as “clinically-proven” to improve joint comfort.

If you, at any time between May 28, 2009 and Aug. 31, 2015, purchased an Elations joint supplement drink at a retail location in California, you may be entitled to a cash payment from the Elations class action settlement.

The Elations joint supplement class action lawsuit alleged that the “clinically-proven” statements on the labels and/or packaging of Elations Healthier Joints Daily Joint Supplement Drink are false and misleading. The class action lawsuit also alleged that the product’s active products, glucosamine hydrochloride and chondroitin sulfate, cannot improve joint health or relieve joint pain.

According to the joint supplement class action lawsuit, Elations knew that the representations were false but it continued to tout the joint health benefits of the supplement drink to boost sales.

Elations denies all of the allegations in the false advertising class action lawsuit and maintains its advertising was not false or misleading. However, the company has agreed to pay $1.35 million to settle the class action lawsuit and avoid the expense and uncertainty of trial.

The Elations joint supplement class action settlement was preliminarily approved on Aug. 31, 2015.

Class Members who wish to exclude themselves from or object to the Elations class action settlement must do so no later than Dec. 30, 2015.

UPDATE: On May 31, 2016, Top Class Actions readers who submitted timely and valid claims for the Elations settlement began receiving checks worth as much as $59.72.

Who’s Eligible

Class Members of the Elations class action settlement include anyone who, between May 28, 2009 and Aug. 31, 2015, purchased Elations (for personal use and not for resale) from a retail location in the state of California.

Elations was sold as a liquid supplement that was available for purchase as a 6-pack, 12-pack, or 18-pack in the following flavors: cranberry apple, raspberry white grape, and black cherry.

The Elations drinks were sold at the following California retail locations: Wal-Mart, Big Lots, 99 Cent Store, CVS, Kroger, Safeway, Target, Sam’s Club, Walgreens, Save Mart, C&S Grocery Stores, Cardinal Health, Coastal Pacific, Navy Exchange, Raleys, Ralphs, Unified Western, Stater Brothers, and Supervalu.

Potential Award

$12 – $18.

Class Members who provide proof of purchase (such as a receipt) with their Claim Form will be eligible to receive $6 per 6-pack, for up to three six-packs (for a maximum of $18).

Class Members without proof of purchase will receive $6 per 6-pack, for up to two 6-packs (for a maximum of $12).

A 12-pack of Elations will be considered the same as two 6-packs, and an 18-pack of Elations will be considered the same as three 6-packs.

NOTE: Payments may proportionately increase or decrease depending on the total number of eligible claims filed.

Proof of Purchase

None required. However, Class Members who submit a proof of purchase with their Claim Form will be eligible to receive up to $18, while those without proof of purchase will be limited to $12.

Claim Form

CLICK HERE TO FILE A CLAIM »

Claim Form Deadline

12/30/2015

Case Name

McCrary v. The Elations Company LLC, Case No. 5:13-cv-00242, in the U.S. District Court for the Central District of California

Final Hearing

2/22/2016

Settlement Website

www.ElationsClassAction.com

Claims Administrator

Elations Joint Supplement Class Action Administrator
P.O. Box 43034
Providence, RI 02940-3034
1-866-985-7590

Class Counsel

Gillian L. Wade
Sara D. Avila
MILSTEIN ADELMAN LLP

Defense Counsel

SHEPPARD MULLIN RICHTER AND HAMPTON

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30 thoughts onElations Joint Supplement Drink Class Action Settlement

  1. Mh says:

    Received a check today in the amount of $59.72 in California

  2. Top Class Actions says:

    UPDATE: On May 31, 2016, Top Class Actions readers who submitted timely and valid claims for the Elations settlement began receiving checks worth as much as $59.72.

  3. Tom R says:

    $59 today in Cal.

    1. jennell says:

      Received today California 59.some change

    2. jennell says:

      Post a pic

      1. John Boeheim says:

        Pic is posted on TCA Facebook page, just saw someone post theirs.

  4. jennell says:

    What state?

      1. jennell says:

        Post a pic

  5. Adrian says:

    I got my check today for $59 and change. Thank you top class actions. Your the best! moi moi.

  6. Mike D says:

    The parties agreed to an aggregate settlement amount of $201,022 to be paid to the 3,405
    Settlement Class Members who filed valid claims. (Final Approv. Mot. at 15-16.) Based on the
    claims received, the anticipated pro rata per six pack is estimated to be $29.51 per six pack, with
    an average of $59.02 per claimant for those who did not submit any form of proof of purchase
    and $88.53 for the two claimants who submitted a proof of purchase. (Geraci Decl. ¶ 21.) This
    represents a substantial recovery for the class members.

  7. John Boeheim says:

    End of May is here and no checks yet?……..

  8. Oscar D. says:

    Has anyone received any checks in the mail?

    1. cc says:

      payments goes out the end of May.good luck

  9. KK says:

    59.02 without proof , those two class members who summited receipts get $80 something bucks ,Cali has more antitrust laws then any other states ,,

    1. Denise Novak says:

      How do you know the amount. It states very clearly that $12 for no proof and $18 with proof. Where does it say $59.02 and $80? Please advise what you know.

  10. J says:

    Why are so many CASuits for CA , only when we, too, bought/ used these products?

    1. BiG WiLLiE says:

      because people in CA and other blue states are smarter and more likely to exercise their right to legal recourse when they’ve been wronged. Whereas red state people are dumb and more inclined to accept subpar or inferior products/services as simply an act of god. Lol

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