FoodState Supplements Class Action Settlement Website Active

A website has been established for Class Members who may qualify for a recently reached $2.1 million FoodState labeling settlement fund.

Although the settlement is not currently accepting claims, the website provides information to consumers who may qualify for the FoodState class action settlement.

The settlement was granted preliminary approval on May 15, 2019. The final approval hearing is scheduled for Nov. 4, 2019.

The $2.1 million settlement will resolve claims that FoodState labeled their dietary supplements products in misleading ways which overstated the amount of nutrients provided. The products were allegedly labeled as containing nutrients from “whole foods” but this labeling was misleading.

“Although the FoodState Products contain some whole food ingredients, the FoodState Products also contain vitamins, minerals and/or nutrients from other sources, which is not highlighted for consumers,” the FoodState class action lawsuit claims.

The settlement will also resolve allegations that FoodState failed to disclose that their dietary supplements contained magnesium stearate.

Plaintiffs in the FoodState class action lawsuit do not claim that magnesium stearate is unsafe, but instead take issue with the fact that the presence of the powder was not disclosed on product packaging.

Magensium stearate is a fine white powder salt made up of a saturated fat stearic acid and the mineral magnesium. The salt is greasy to the touch, sticks to the skin, and is reportedly used as a lubricant in pharmaceuticals, foods, and cosmetics.

This powder is often found coating medications and vitamins but may be found in food products such as chicken, eggs, cheese, chocolate, walnuts, salmon, cotton seed oil, palm oil, and coconut oil.

The FoodState class action lawsuit claims that the mislabeling of dietary supplements violated the California Consumers Legal Remedies Act and California Business & Professions Code. The FoodState class action also included claims for breach of express warranty.

In the FoodState class action settlement, the company has agreed to make changes to the labeling on the affected products in addition to providing monetary payments.

Consumers are eligible for the settlement if they purchased FoodState dietary supplements under the MegaFoods or Innate Response Formula brands between Jan. 15, 2011 and Sept. 15, 2018. A list of covered products can be found here.

Eligible consumers can file a claim for up to four covered products and receive $25 per product for a total of up to $100. Only four products can be claimed for each household.

Although the Claim Form is not currently available, affected consumers will need to submit a valid claim by Aug. 19, 2019. The deadline for exclusion and objection is Aug. 28, 2019.

The $2.1 million settlement will also provide up to 33.33 percent of the fund in attorneys’ fees, or up to $699,930. The three plaintiffs in the case will each receive incentive awards of $1,500 for a total of $4,500.

Plaintiffs are represented by Abbas Kazerounian and Jason A. Ibey of Kazerouni Law Group APC and Joshua B. Swigart of Hyde & Swigart.

The FoodState Class Action Lawsuit is Bauman, et al. v. FoodState Inc., Case No. 1:17-cv-00637-LM, in the U.S. District Court for the District of New Hampshire.

UPDATE: June 2019, the FoodState supplements class action settlement is now open. Click here to file a claim.

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