Schiff Agrees to $5M Joint Health Supplement Class Action Settlement

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According to documents filed Tuesday in California federal court, Schiff Nutrition Inc. will pay $5 million to settle a class action lawsuit alleging the company deceptively advertised its Move Free joint health products as effective for treating arthritis.

Under the terms of the proposed class action settlement, Class Members would include all U.S. residents who purchased certain Move Free Advanced products since Jan. 1, 2005 until the date the settlement is preliminarily approved.

The class action settlement would provide $5 to Class Members who can provide adequate proof of purchase of one or more of the covered products, up to a maximum of 10 bottles per household. Class Members without adequate proof of purchase will be entitled to $3 per bottle of the covered products up to a maximum of four bottles per household.

According to the proposed class action settlement, there is no cap on the amount that will be paid for valid claims. However, Schiff has agreed to pay out a minimum of $2 million to Class Members who submit valid claims. “The payment to each Settlement Class Member who submits a valid claim with adequate proof of purchase shall be increased pro rata up to a maximum of triple of what he or she would be entitled to under the Settlement Agreement,” the plaintiffs say. If the total payments still do not reach $2 million after those claims are paid out, Class Members who can’t provide proof of purchase will be eligible to receive a pro rata award up to a maximum of double what they would have been entitled to under the class action settlement agreement.

The class action settlement also calls for Schiff to make significant labeling changes to their Move Free products. Specifically, Schiff will be prohibited from using the following statements in the packaging or marketing of the products for two years: “repair joints,” “rebuild joints,” “rejuvenate joints,” “repair cartilage,” “rebuild cartilage” or “rejuvenate cartilage.” After two years have passed, Schiff will be able to include those terms on its packaging without fear of repercussions only if it relies on “an independent, well-conducted, published clinical trial that substantiates the representations.”

Plaintiff Luis Lerma initially filed the class action lawsuit against Schiff in 2011, alleging that the company falsely advertised its Move Free glucosamine and chondroitin supplements as an effective arthritis treatment. Nick Pearson was added as a plaintiff in March 2012. The plaintiffs also claimed that Schiff failed to provide adequate warning that the products could cause potentially harmful side effects. The class action lawsuit alleged violations of consumer protection laws, unfair competition and breach of warranty.

The plaintiffs are represented by Elaine A. Ryan, Patricia N. Syverson and Lindsey Gomez-Gray of Bonnett Fairbourn Friedman & Balint PC; Jeffrey I. Carton of Denlea & Carton LLP; Manfred P. Muecke and Stewart M. Weltman.

The Schiff Move Free False Advertising Class Action Lawsuit is Lerma, et al. v. Schiff Nutrition International Inc., et al., Case No. 3:11-cv-01056, in the U.S. District Court for the Southern District of California.

UPDATE: Details on how to file a claim for the Schiff glucosamine joint health class action settlement are up! Find out how here.

UPDATE 2: On Jan. 30, 2017, Top Class Actions viewers who filed timely and valid claims for the Schiff joint health class action settlement began receiving checks worth as much as $133.11!