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This settlement is closed!
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A settlement has been reached in a class action lawsuit alleging i-Health misrepresented the efficacy of its BrainStrong products with DHA algal oil, allegedly overstating their brain health benefits.
If you purchased a BrainStrong product with DHA between Jan. 1, 2011 and March 4, 2016, you may be entitled to benefits from the DHA supplement class action settlement.
Plaintiffs Amy Jovel and Michael Yee filed the BrainStrong class action lawsuit, which asserts violations of consumer protection and warranty laws. They allege i-Health misrepresented certain benefits of the BrainStrong brand supplements, which contain docosahexaenoic acid (DHA). These products do not perform as advertised, Jovel and Yee claim.
DHA is a type of omega-3 fatty acid typically found in cold water fish, the BrainStrong class action lawsuit says. However, the DHA in the BrainStrong supplements is allegedly not derived from fish oil.
“Instead, the DHA in Defendant’s products is an immature short-chain omega-3 fatty acid made from an extract of mutated and fermented algae,” the i-Health class action lawsuit states. “Contrary to Defendant’s representations made on each and every Product package, DHA algal oil does not support brain health.”
The i-Health supplements covered by the BrainStrong class action settlement include BrainStrong Toddler, BrainStrong Kids and BrainStrong Adult.
According to the BrainStrong class action lawsuit, i-Health prominently states the brain health benefits of its DHA supplements on its packaging. For example, the BrainStrong Adult package allegedly indicates the product is “clinically shown to improve memory,” “naturally supports mental clarity” and “helps protect against normal cognitive decline.”
i-Health denies any wrongdoing but has agreed to settle the BrainStrong class action lawsuit to avoid the risk and expense of ongoing litigation.
Class Members who wish to exclude themselves from or object to the DHA supplement settlement must do so no later than April 28, 2017.
Who’s Eligible
Class Members include anyone who purchased BrainStrong products, including BrainStrong Toddler, BrainStrong Kids and BrainStrong Adult, in the United States between Jan. 1, 2011 and March 4, 2016.
Potential Award
A full refund to Class Members who provide proof of purchase that states the actual price paid for the BrainStrong supplements. If the proof of purchase submitted does not state the price of the products, i-Health will issue a cash refund for the average retail price of each listed product.
Class Members who do not submit proof of purchase will receive either $4 in cash or a $6.50 voucher for the purchase of any i-Health product.
Proof of Purchase
None required. However, Class Members who do not submit proof of purchase will be limited to a recovery of either $4 in cash or a $6.50 voucher. Class Members who do submit proof of purchase may be entitled to receive a full refund for the eligible products they purchased.
Claim Form
Claim Form Deadline
6/19/2017
Case Name
Amy Jovel and Michael Yee v. i-Health Inc., Case No. 1:12-cv-05614-MDG, in the U.S. District Court for the Eastern District of New York
Final Hearing
5/19/2017
UPDATE: The BrainStrong DHA Supplement settlement was granted final approval on August 3, 2017. Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.
UPDATE 2: On Aug. 13, 2019, Top Class Actions viewers started receiving checks from the BrainStrong DHA class action settlement worth as much as $173. Congratulations to everyone who filed a valid claim and got PAID!
Settlement Website
www.BrainHealthDHASettlement.com
Claims Administrator
Jovel v. i-Health Claims Administrator
KCC LLC
P.O. Box 40007
College Station, TX 77842-4007
1-888-283-6979
Class Counsel
FARUQI & FARUQI LLP
BONNETT FAIRBOURN FRIEDMAN & BALINT PC
Defense Counsel
HOGAN LOVELLS US LLP
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40 thoughts onBrainStrong DHA Supplement Class Action Settlement
4/7/20. Never got my check. I was one of the unlucky ones.
Never got a check. My address needs to be updated probably. The site is down. Anyone have the number or email for the admin?
173 in CA. had receipts
Received $4.00 in central FL 12 Aug 2019