UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION
The Court authorized this notice. This is not a solicitation from a lawyer.
If you have purchased certain joint health dietary supplements containing glucosamine that were manufactured or sold by Rexall Sundown, Inc. or NBTY, Inc. or their affiliates, you could get a payment from this class action settlement.
The Notice is to inform you that on May 16, 2013, the Court preliminarily approved a settlement of this case (the "Litigation"), brought on behalf of the Settlement Class. The Notice describes the settlement. Please read the Notice carefully to determine whether you wish to participate in the settlement. Your rights and options—and the deadlines to exercise them—are explained in the Notice. Your legal rights are affected regardless of whether you act or not.
Rexall Sundown, Inc. and NBTY, Inc. (and their affiliated companies) (collectively, "Rexall") manufacture and sell joint health dietary supplements containing the ingredients glucosamine and chondroitin, among other ingredients ("the Glucosamine Products"). Since 2011, class actions have been filed in which the plaintiffs, on behalf of themselves and other purchasers, allege that certain claims made on the labeling of certain Glucosamine Products are false, deceptive, and misleading. These claims have been brought under various state consumer protection acts. No allegations related to safety or physical injury have been made.
The Court has not decided in favor of either side in the case. Rexall denies all allegations of wrongdoing or liability against it and contends that its conduct was lawful. Rexall stands by the Glucosamine Products and their efficacy. Rexall is settling to avoid the expense, inconvenience, and inherent risk of litigation, as well as the disruption of its business operations. Plaintiffs and their attorneys assert that the settlement is in the best interests of the Settlement Class, because it provides a fair and reasonable recovery now while avoiding the risk, expense, and delay of pursuing the case through trial and any appeals.
The Settlement Class is defined as all consumers who, during particular time periods and in certain U.S. locations, purchased for personal use and not resale or distribution certain joint health dietary supplements (a) sold by Rexall or any of its affiliates under the brand names of Rexall or its affiliates; or, (b) manufactured by Rexall or any of its affiliates but sold under another brand name by a company not affiliated with Rexall (collectively, "Covered Products"). The Covered Products and their geographic locations and time periods of sale covered by this Settlement are identified in Attachment A to the Notice. Excluded from the Settlement Class are all persons who submit valid requests for exclusion from the Settlement Class.
Your rights and options, and the deadlines to exercise them, are explained in the Notice.
- August 1, 2013
Exclude yourself from the Class.
You must mail your exclusion request so that it is postmarked no later than August 1, 2013.
- August 1, 2013
Comments and/or Objections.
You must mail your comments, objections, and/or notice of intent to appear at the Fairness Hearing so that it/they are postmarked no later than August 1, 2013.
- October 4, 2013
Fairness Hearing Date.
The Fairness Hearing is scheduled for October 4, 2013 at 10:30AM. Please check this website for updates.
- December 3, 2013
Claim Form Deadline.
You must submit your Claim Form on-line on or before December 3, 2013, or mail your completed paper Claim Form so that it is postmarked no later than December 3, 2013.