Bactolac All Day Energy Greens Ingredients $1.7M Class Action Settlement

Bactolac agreed to pay over $1.725 million as part of a lawsuit settlement to resolve claims it distributed — and later issued a recall for — All Day Energy Greens products distributed by both NaturMed and IVL with undisclosed ingredients.

The settlement benefits consumers who purchased one or more of the All Day Energy Greens or All Day Energy Greens Fruity affected by the recall in 2014 or 2015. A full list of the 99 recalled lots can be found on the settlement website.

All Day Energy Greens are daily nutritional supplements touted as a “daily burst of natural energy” through essential vitamins, minerals, phytonutrients, and antioxidants. The supplements are manufactured by Bactolac.

Despite claims that these products can help consumers live an “active and enjoyable life,” All Day Energy Greens may have contained additional ingredients not disclosed by the manufacturer or distributors. 

According to the NaturMed class action lawsuit, Bactolac manufactured 99 lots of All Day Energy Greens in 2014 and 2015 that contained undisclosed ingredients. Specifically, the products allegedly contained active bacteria and other contaminants that could result in nausea, vomiting, diarrhea, and other problems. 

NaturMed issued a recall of various lots of All Day Energy Greens in March 2016, but the plaintiffs claim this was too little too late. 

According to the class action lawsuit, the defendants knew of the contamination and resulting issues as soon as they started to receive complaints in 2014. However, despite consumers becoming “seriously ill,” the companies allegedly waited two years to recall the products.

“Defendants knew that their dietary supplements contained toxic and/or harmful substances, but failed to inform consumers of that fact and allowed consumers to continue to purchase and ingest their products even after the dangers of consuming All Day Energy Greens became known,” the All Day Energy Greens class action lawsuit contends.

Bactolac, NaturMed, and IVL haven’t admitted any wrongdoing in the case but agreed to pay $1.725 million to resolve these allegations.

Under the terms of the settlement, Class Members can receive either a $10 credit toward any IVL product or a $5 cash payment. 

IVL credits will be valid for three years after they are issued to Class Members. 

Individuals who opt to receive a cash payment instead will receive a pro rata share of the settlement fund. Although payments are estimated at $5, exact payment amount may vary depending on the number of valid claim forms received.

The deadline for exclusion and objection in the All Day Energy Greens settlement is April 11, 2022. 

The final approval hearing is scheduled for May 19, 2022.

In order to receive a payment from the settlement, Class Members must submit a valid claim form by May 20, 2022.

Who’s Eligible

The settlement benefits consumers who purchased one or more recalled canisters of All Day Energy Greens or All Day Energy Greens Fruity in 2014 or 2015. A full list of the 99 recalled lots can be found on the settlement website.

Potential Award

$10 credit toward any IVL product or a $5 cash payment

Proof of Purchase

If you do not have a Settlement Claim ID (found on the mailed postcard notice), you are required to provide documentation to support the claim. (Receipt, credit card statement showing purchase, …) Please indicate by highlighting, circling, or underlining the part(s) of your documentation that are relevant to the claim.

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

05/20/2022

Case Name

Copley V. Bactolac Pharmaceutical, Inc. et al., Case No. 2:18-cv-00575-fb-pk, in the U.S. District Court for the Eastern District of New York

Final Hearing

05/19/2022

Settlement Website

NaturMedIVLSettlement.com

Claims Administrator

Copley v. Bactolac Pharmaceutical, Inc.
c/o Postlethwaite & Netterville
PO Box 3958
Baton Rouge, LA 70821
info@NaturMedIVLSettlement.com
844-563-0649

Class Counsel

James J. Bilsborrow
WEITZ & LUXENBERG PC

Defense Counsel

Matthew Kelly
SEEGAL MCCAMBRIDGE SINGER & MAHONEY

Sheila Carmody
Courtney Henson
SNELL & WILMER LLP

Anthony Austin
FENNEMORE CRAIG PC