By Anne Bucher  |  May 29, 2018

Category: Closed Class Actions

This settlement is closed!

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The Federal Trade Commission has announced that it will be providing partial refunds to consumers who purchased the NutriMost Ultimate Fat Loss System.

If you purchased the NutriMost Ultimate Fat Loss System in the Pittsburgh area (specifically Churchill/Penn Hills, Greensburg, Greentree/Crafton, Irwin, Murrysville/Delmont, North Versailles, Ross Park Mall, and Upper St. Clair) between Oct. 1, 2012 and Aug. 9, 2016, you may be entitled to a partial refund from the FTC.

The FTC says the marketers of the NutriMost weight loss system misled consumers about product’s ability to help consumers lose weight.

The company allegedly claimed that their “new technology” could help consumers permanently lose 20 to 40 pounds or more within 40 days without following a restrictive diet. They reportedly claimed that the system helps users burn between 2,000 and 7,000 calories of fat per day.

The NutriMost defendants advertised their products on their websites, on Facebook and via radio and newspaper advertisements. They claimed the NutriMost Ultimate Fat Loss System would “Turn OFF fat storage and Turn ON fat burning.”

The FTC alleges that the NutriMost system was promoted as “having the technology to access nearly every factor of fat burning, fat storage and metabolism,” and that it uses a scan to address and balance the body’s top organ stressors.

The NutriMost defendants, however, allegedly failed to inform consumers that they would have to follow a restrictive diet and only consume about 500 calories per day to attain the advertised weight loss.

NutriMost was reportedly sold to consumers for $1,895.

According to the FTC, the defendants also prevented consumers from posting negative comments or reviews about the NutriMost Ultimate Fat Loss System by using a non-disparagement clause that purportedly required buyers to pay $35,999 in damages, even if the negative comments were truthful and non-defamatory.

The NutriMost defendants will pay $2 million to provide refunds to consumers who purchased the weight loss system directly from the defendants (not from franchisees).

UPDATE: February 2019, the FTC is mailing 3,483 checks worth more than $1.9 million to consumers who filed a claim for the NutriMost refunds. Each consumer is expected to get a $560.54 check in the mail soon! Those who receive a check must cash it within 60 days. 

Who’s Eligible

Consumers who purchased the NutriMost Ultimate Fat Loss System at one of the following Pittsburgh locations between Oct. 1, 2012 and Aug. 9, 2016 may be entitled to a partial refund:

  • Churchill/Penn Hills
  • Greensburg
  • Greentree/Crafton
  • Irwin
  • Murrysville/Delmont
  • North Versailles
  • Ross Park Mall
  • Upper St. Clair

Potential Award

A partial refund

Proof of Purchase

N/A

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

7/16/2018

Case Name

Federal Trade Commission v. NutriMost LLC, et al., Case No. 2:17-cv-00509-NBF, in the U.S. District Court for the Western District of Pennsylvania

Final Hearing

N/A

Settlement Website

Claims Administrator

1-877-884-6069

Class Counsel

David Shonka
Dana C. Baragate
Christopher D. Panek
FEDERAL TRADE COMMISSION

Defense Counsel

N/A

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