Anne Bucher  |  May 15, 2014

Category: Closed Class Actions

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This settlement is closed!

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Hydroxycut products

Iovate Health Sciences USA Inc. has agreed to settle a class action lawsuit alleging it made false and misleading statements in its labeling and advertising regarding the effectiveness of its Hydroxycut dietary supplement products. If you purchased certain Hydroxycut products between July 20, 2008 and March 19, 2014, you could be eligible for a full refund.

Who’s Eligible

You are a Class Member of the Iovate Hydroxycut settlement if you purchased for human consumption, and not for re-sale, one or more bottles of certain Hydroxycut products in the United States from July 20, 2008 until March 19, 2014.

The specific Hydroxycut products included in the class action settlement are:

  • Pro Clinical Hydroxycut
  • Hydroxycut Max for Women
  • Hydroxycut Advanced
  • Hydroxycut Hardcore
  • Hydroxycut Hardcore X
  • Hydroxycut Acai
  • Hydroxycut Herbal and Hydroxycut Hardcore Elite
  • Hydroxycut Caffeine Free Drink Mix
  • Hydroxycut Caffeine Free Caplets
  • Hydroxycut Fiberfull Drink Mix
  • Hydroxycut 24
  • Hydroxycut Weight Loss Drink Mix
  • Hydroxycut Weight Loss Shot
  • Hydroxycut Max Caplets
  • Hydroxycut Max Drink Mix
  • Hydroxycut Max Aqua Shed
  • Hydroxycut Max Cleanse
  • Hydroxycut Cleanse,
  • Hydroxycut Complete Cleanse
  • Hydroxycut Premium Cleanse
  • Hydroxycut Green Tea
  • Hydroxycut Gummies
  • Hydroxycut Herbal
  • Hydroxycut Hoodia
  • Hydroxycut CLA
  • Hydroxycut Shape
  • Hydroxycut Sprinkles
  • Hydroxycut Drink Mix
  • Hydroxycut Advanced Drink Mix
  • Hydroxycut Bar
  • Hydroxycut RTD
  • Hydroxycut Green Coffee
Potential Award

Full refunds are available to Class Members who provide purchase receipts documenting their purchase of eligible Hydroxycut products.

Iovate has also agreed to create a Settlement Fund of $550,000 to pay Class Members who do not have a purchase receipt. Class Members who do not have a purchase receipt will be entitled to a maximum refund of two bottles of Hydroxycut purchased.

Proof of Purchase

None required. However, Class Members who have receipts from their purchase of the Iovate Hydroxycut products are eligible to receive full refunds. Class Members without proof of purchase will be eligible for a maximum refund for only two bottles of Hydroxycut purchased.

Claim Form Deadline

7/30/2014

Case Name

Garcia v. Iovate Health Sciences USA Inc., Case No. 1402915, in the Superior Court of the State of California, County of Santa Barbara

Case Summary

The Iovate Hydroxycut class action lawsuit was initially filed in 2012 by a plaintiff who says he relied on allegedly false and misleading statements on labeling and in advertisements regarding the effectiveness of Hydroxycut products, and that such statements violate state consumer protection laws, the Magnuson Moss Warranty Act and warranties related to Hydroxycut. According to the Hydroxycut lawsuit, Iovate was unjustly enriched as a result of these allegedly false and misleading statements.

Iovate denies the allegations but agreed to settle the Hydroxycut class action lawsuit to avoid the expense and distraction of litigation.

Final Hearing

8/20/2014

UPDATE:  The Final Approval Hearing was moved from August 20 to November 12, 2014. As of December 2, no documents were filed with the Court regarding the outcome of this hearing. TopClassActions.com will continue to provide updates on the Hydroxycut class action settlement as we learn about them. Please check back and/or sign up for our free weekly newsletter to receive updates. 

Settlement Website
Claims Administrator

Hydroxycut Settlement
c/o GCG
P.O. Box 10057
Dublin, OH 43017-6657
1-877-823-7321

Class Counsel

Michael L. Kelly
KIRTLAND & PACKARD LLP

Gregory S. Weston
THE WESTON FIRM

Ronald A. Marron
LAW OFFICES OF RONALD A MARRON APLC

Defense Counsel

Scott J. Ferrell
Tyler J. Woods
David W. Reid
NEWPORT TRIAL GROUP APC

UPDATE: On July 8, 2015, viewers began reporting they were receiving checks in the mail from the Hydroxycut class action settlement. Congratulations to everyone who submitted claims and got PAID!

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117 thoughts onHydroxycut False Advertising Class Action Settlement

  1. belindawillis says:

    alreadyfiledclaimthefirsttimethiscameup? does anyoneknowif iwouldhavetofile itall over again?

  2. Patricia says:

    Why is this lawsuit still in the open section of Top Class: the put in a claim form has closed?

  3. cjd1467 says:

    Update from website:

    The Court will hold a Fairness Hearing at 9:30 a.m. on November 12, 2014, at Department 6, 1100 Anacapa Street, Santa Barbara, California 93121-1107.

  4. Marlene says:

    funny it says on the paperword that they reached a different settlement . Funny but it states on page 4 of the instructions that :”to receive cash or product unit(s) , you must complete and return a “Current Eligible Claim Form” NO LATER THEN January 13, 2015.
    Thought they closed it on July 30th?
    So looks like those of us who were waiting are going to wait even longer.
    Final hearing is scheduled for OCtober 15th 2014, at 10:00 am to decide whether to approve the selttlement.
    then it goes on to say the following : “If Judge Moskowitz approves the settlement, there may be appeals. The appeal process can take time, perhaps more then a year. Please be patient.”

    so it looks like those of us that have filed a claim (i still have 3 bottles in my cabinet) will have to wait even longer! :*(

    1. Karen says:

      Marlene, there are 2 different settlements for Hydroxycut – 1 is for purchases prior to 2009, the other goes up to a more current date…there’s a revised settlement, and I’m not sure which one it replaces .There are 2 different settlement websites from 2 different administrators. That’s what I’ve seen online so far… If I am wrong, anyone, please correct me!

      1. linda says:

        no you are not wrong.i am not understanding what is going on.what the hell happen to the first one.i am going to call tomorrow to see why this is happening.i will post update later okay.

  5. Fran says:

    Unable to download form. Way to go!

  6. NATE says:

    I received one from Boston as well, I filled it out, and mailed if off.lol

  7. Jen says:

    I also filled that second claim form out and now they sent a “notice of deficiency”. That form said one could claim up to 3 products without proof of purcahse- anyone else remember that? And now they are saying NO. What is going on here? Anyone know?

  8. tom says:

    Hi All,
    I received a claim form in the mail from a settlement company in Boston for Hydroxycut, not from GCG. Anyone else get that claim?

    1. mary says:

      Yes, Tom I received that claim form, about two weeks ago, I fill out and sent it back.

  9. Maria Curran says:

    I read about 2/3mths ago, that settlement was finally made on Eperian, about people getting bad credit reports/ or claim bankruptcy in past, and hurt them. or wrong credit info. I was involved with this and I would like some info, if started sending people money yet??? This thing started in Nov 2009. Can you tell me something, ph#, email something so I know if am going to get some cash.

    Thanks Maria

  10. Brian says:

    Finally received a claim form today

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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.