$25.3 Million Hydroxycut Class Action Settlement Reached

Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.

The makers of Hydroxycut have reached a $25.3 million class action lawsuit settlement to resolve allegations the diet pills were deceptively advertised as safe and effective.

The FDA issued a recall of Hydroxycut products in 2009 based on 23 reports that the diet pills caused serious liver problems, including one death and at least one liver transplant.  A serious of individual personal injury lawsuits and consumer protection “economic loss” class action lawsuits followed. The proposed Hydroxycut class action settlement will resolve the consumer protection claims, but not individual personal injury claims.

The Hydroxycut class action lawsuit accused Iovate Health Sciences, Inc., its parent company Kerr Investment Holding Corp., and certain retailers such as Wal-Mart, Vitamin Shoppe, Walgreens and CVS of marketing Hydroxycut products as safe and effective treatments for weight loss without disclosing that there was no scientific evidence supporting their advertising claims. The class action lawsuit further accused Kerr of downplaying the risks of Hydroxycut following the FDA recall.

The proposed $25.3 million class action lawsuit settlement will provide a $25 cash payment to Class Members without proof of purchase, and an unlimited number of cash reimbursements for Class Members with proof of purchase. The Hydroxycut settlement will also allow Class Members, in lieu of the cash refund, to choose a free package from Iovate’s line of nutrition and fitness supplements valued at $50.

Class Members include all U.S. consumers that purchased Hydroxycut Products between May 9, 2006 and May 1, 2009.

Details on how to file a claim for the Hydroxycut Class Action Lawsuit Settlement can be found here.

The case is In re: Hydroxycut Marketing and Sales Practices Litigation, Case No. 9-md-02087, U.S. District Court, Southern District of California.

UPDATE 1: A federal judge denied final approval to the Hydroxycut Class Action Settlement over concerns that the cy pres award was not fair to Class Members.

UPDATE 2: The Hydroxycut class action lawsuit is not dead yet. A federal judge denied defendants’ motion to dismiss the case on Jan. 27, 2014, but told plaintiffs they needed to provide more details on how the retailer defendants engaged in false advertising in order for them to be included.

UPDATE 3: A revised Hydroxycut class action settlement has been reached, according to court documents filed on April 21, 2014.

UPDATE 4: Instructions on how to file a claim for the Hydroxycut weight loss supplement class action settlement are now available! Click here or visit www.DietSupplementSettlement.com for details.