IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS
IF YOU PURCHASED CERTAIN GLUCOSAMINE AND CHONDROITIN JOINT SUPPLEMENTS MANUFACTURED BY REXALL SUNDOWN, YOU CAN RECEIVE MONEY FROM A CLASS ACTION SETTLEMENT.
Your legal rights are affected whether or not you act. Please read the notice carefully. This is the second settlement entered in connection with this litigation. The first settlement was not approved by the Court, so no payments were made under that settlement. 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 (“the Glucosamine Products”). Class actions have been filed in which the plaintiffs, on behalf of themselves and other purchasers, allege that certain statements made on the labeling of certain Glucosamine Products are false. No allegations related to safety or physical injury have been made. The Parties agreed to a settlement in 2013, but that settlement was not approved by the Court, so it is null and void and no payments were made under that settlement. The parties have reached a second, new settlement. 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) sold under another brand name by a company not affiliated with Rexall and manufactured by (i) Rexall, (ii) any of Rexall’s affiliates, or (iii) any entities that manufactured or sold the Covered Products from which Rexall acquired assets or contracts (collectively, “Covered Products”). The Covered Products (PDF: 81.5 KB) and their time periods and areas of sale covered by this Settlement can be found in the "Documents" section of this website.
YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT
SUBMIT A COMPLETED CLAIM FORM ONLINE OR POSTMARKED BY SEPTEMBER 28, 2016 : This is the only way to receive a payment. If you already submitted a claim pursuant to the earlier settlement, you may, but do not have to, submit a new claim. The new settlement may provide you more compensation than the earlier settlement. Please see Frequently Asked Question #4 for more information.
EXCLUDE YOURSELF FROM THE CLASS BY MAY 26, 2016: Receive no payment. This is the only option that allows you to pursue your own claims by filing your own lawsuit at your own expense. If you excluded yourself from the previous settlement of this case and wish to exclude yourself from this new settlement, you must again submit a letter to the Settlement Administrator requesting to be excluded from the Settlement Class. Please see Frequently Asked Question #6 for more information on excluding yourself from the Settlement.
COMMENT BY MAY 26, 2016: Write to the Court about why you do, or do not, like the settlement. You must remain in the Settlement Class to comment in support of or in opposition to the settlement. If you commented on the previous settlement and wish to comment again, you must submit a new comment. Please see Frequently Asked Question #7 for more information on commenting.
ATTEND A HEARING ON JUNE 30, 2016: Ask to speak in the Court about the fairness of the Settlement. Please see Frequently Asked Question #9 for more information on the court hearing.
DO NOTHING: Receive no payment, and give up rights to sue, including any future suits (other than suits for personal injury) based on your purchases of the glucosamine products with labeling that complies with the settlement agreement. You will be subject to the release described in the Settlement Agreement.
These rights and options—and the deadlines to exercise them—are explained in the Long Form Notice (PDF: 67 KB) .