Class action over Labrada diet pills touted by Dr. Oz settled for $625,000

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Update:

• A federal judge in California granted preliminary approval of a $625,000 settlement made between Labrada Bodybuilding Nutrition and a class of consumers claiming the effectiveness of the company’s purported weight loss pills was misrepresented on the “The Dr. Oz Show.” 
• Consumers argued that Labrada’s purported weight loss supplements were not as effective as the company represented them to be and not backed by scientific evidence.
• Labrada allegedly claimed that its weight loss pills were a “magic weight loss cure” and “revolutionary fat buster.” 
• The judge had previously refused to approve a $5 million settlement made to end a class action lawsuit filed against Dr. Oz. 
• Labrada was the only remaining defendant in the class action lawsuit, with all others, including Dr. Oz, having since escaped liability. 

Last week, Dr. Oz and his television show’s producers reportedly agreed to pay $5.25 million to settle a class action lawsuit claiming he misrepresented the effectiveness of Labrada brand weight loss pills.

According to the Dr. Oz class action lawsuit, the products were represented as being a “revolutionary fat buster” and “magic weight-loss cure,” but these alleged weight loss benefits were not supported by scientific evidence.

Dr. Oz, along with ZoCo Productions LLC, Harpo Productions Inc. and venture capital firm Entertainment Media Ventures Inc. have also agreed not to re-air the three episodes of “The Dr. Oz Show” that promoted Labrada Garcinia Cambogia Dual Action Fat Buster and Labrada Green Coffee Bean Extract Fat Loss Optimizer, the weight loss supplement class action settlement documents state.

The Dr. Oz class action lawsuit was initially filed in February 2016. Plaintiffs Veda Woodard, Teresa Rizzo-Marino and Diane Morrison filed an amended weight loss supplement in June 2016.

According to the Dr. Oz class action lawsuit, the plaintiffs and putative Class Members purchased the Labrada weight loss products after seeing them on “The Dr. Oz Show” and/or reading about them on a fact sheet posted in 2012 on DoctorOz.com.

The plaintiffs claim that Dr. Oz fraudulently misrepresented the benefits of the Labrada weight loss pills, misrepresented Dr. Oz’s affiliation with the products he endorses and failed to disclose the affiliations to viewers of his TV show.

The weight loss supplement class action lawsuit also claims that Dr. Oz was paid to promote the weight loss products by the supplement makers.

The defendants deny any liability and unsuccessfully sought to exit the litigation. Dr. Oz and the media defendants have agreed to settle the weight loss supplement class action lawsuit to avoid the burden and expense of trial. The Labrada defendants have not opposed or supported the motion in support of the proposed Dr. Oz settlement.

Class Members reportedly include anyone in the United States who purchased one of the Labrada brand weight loss products and saw them mentioned on “The Dr. Oz Show.” They are entitled to receive $30 per eligible product they purchased. Class Members without proof of purchase will reportedly be limited to claim up to $90.

The plaintiffs have filed a motion seeking preliminary approval of the Dr. Oz class action settlement.

The plaintiffs are represented by Ronald A. Marron and Michael T. Houchin of the Law Offices of Ronald A. Marron and by Timothy D. Cohelan, Isam C. Khoury, Michael D. Singer, J. Jason Hill and Janine R. Menhennet of Cohelan Khoury & Singer.

The Dr. Oz Weight Loss Supplement Class Action Lawsuit is Veda Woodard, et al. v. Lee Labrada, et al., Case No. 5:16-cv-00189, in the U.S. District Court for the Central District of California.

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