Company Settles Class Action Lawsuit Over Flex Belt Results

The company behind the Flex Belt muscle stimulator will pay $175,000 to settle a class action lawsuit over claims that Flex Belt results don’t deliver on promises made in its advertising campaigns.

Lead plaintiff Jane Loomis of San Diego submitted a request for approval of the proposed settlement to U.S. District Court Judge Michael M. Anello on Wednesday. The terms were worked out during negotiations with Slendertone Distribution, Inc. of Hoboken, New Jersey, which also agreed to stop marketing the Flex Belt in ways that mislead consumers about its efficacy.

In her original complaint against Slendertone, filed in May 2019, Loomis argued the company’s marketing campaign was built on boasting the Flex Belt could help with weight loss and building tone and definition in abdominal muscles – creating “six-pack” abs.

Flex Belt results could be comparable to those from traditional exercise, the company’s messaging indicated. There was little if any scientific evidence to back that up, the class action lawsuit said.

In June, while exchanging information and potential evidence for the case, representatives from Slendertone informed the plaintiff’s lawyers the company was struggling financially due to the ongoing coronavirus pandemic, the newly filed legal documents said.

“Slendertone advised … its global operations were significantly affected by the COVID pandemic, that it had been forced to terminate approximately 75% of its workforce within the United States, that it had been forced to decrease work hours and compensation for its remaining employees in the United States and globally,” the request for settlement approval said. The company reportedly told Loomis and her lawyers that “while it was interested in resolving the case, it had little to offer.”

Even if the case goes to trial and Loomis wins, Slendertone is likely to appeal the decision, making the proposed settlement the best option, Loomis and her lawyers told the judge.

Roughly $45,000 of the settlement payout will go to compensate the Class Members, under the terms of the proposal. Based on Flex Belt sales figures, there are approximately 20,000 eligible Class Members, the court papers indicate.

Individual payment amounts will depend on the number of Class Members who opt to participate in the settlement and file claims for their share.

The request for approval filed by Loomis’ lawyers said they estimate enough Class Members will opt in to result in settlement checks for between $15 and $45. That would come out to be between 9.5% and 28% of the Flex Belt’s purchase price.

The proposed settlement includes an allowance of no more than $60,000 for the plaintiffs’ attorneys and as much as $60,000 to pay the settlement administrator.

Lead plaintiff Loomis will receive a $10,000 award for her participation in the litigation, according to the proposed settlement.

During litigation, Slendertone filed an unsuccessful motion to dismiss the case against it.

Loomis had argued in her class action lawsuit that the Flex Belt – an electrical muscle stimulator that delivers a low-level electrical current to the body when in direct contact that triggers the underlying muscles to contract – was ineffective despite advertising claims to the contrary.

“Aside from some limited science showing some strength and endurance improvements to the abdominal muscle tissue as a result of extended [electrical muscle stimulator] use, no science supports the conclusion that use will rid belly fat, provide more attractive abs, contour the body, provide visible ‘six pack’ abs, or that use can ever be a replacement for traditional exercise,” the class action complaint said. “In fact, one 2002 study concluded that no benefits were observed at all.”

Judge Anello refused to dismiss the case and said at least two of Loomis’ false ad claims were plausible.

Did you buy a Flex Belt abdominal muscle stimulator to help shape and tone your abs? Were you satisfied with the Flex Belt results? Tell us about it in the comment section below.

Loomis and the proposed Class Members are represented by Jack Fitzgerald, Trevor M. Flynn and Melanie R. Persinger of The Law Offices of Jack Fitzgerald, P.C.

The Flex Belt Results Class Action Lawsuit is Jane Loomis, et al. v. Slendertone Distribution Inc., Case No. 3:19-cv-00854-MMA-KSC, in the U.S. District Court for the Southern District of California.

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