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. Joan Mitchell says:

    Add me

  2. April Odom says:

    Check comes in the mail today

  3. vicki schaffer says:

    8.35 by way of check…. WOW!!1

  4. Kristi says:

    34.94 in TN

  5. MeMe says:

    Called the Atkins settlement line. (833) 656-0022 (Toll free)
    They are aware of the delay in direct deposits.
    I was told we should have the deposit within 48 hours.
    We shall see.

    1. MeMe says:

      They were true to word.
      $35.90, NYC, 09/18/20.

  6. rozalen pober says:

    $33.17 in MA. Thanks TCA!

    1. MeMe says:

      Was that payment direct deposit or paper check?
      Thanks.

  7. Kevin says:

    6.57 in 3 days ago.

  8. Tracey Boyum says:

    $13.77 in California

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