Did you buy certain Benefiber products for personal or household use, and not for resale?Did you buy the Benefiber product in the United States between June 19, 2014 and June 8, 2021, If Yes, you may qualify for a Settlement Payment in a class action lawsuit.
What is The National Benefiber Settlement
Five lots of Benefiber brand prebiotic powder supplements are being recalled due to possible plastic contamination, the U.S. Food and Drug Administration says. The affected items were sold nationwide between October 28, 2019, and January 21, 2020.
Susan Swetz and Phillip White allege GSK misleadingly touted Benefiber Original products as “100% Natural” when they contained synthetic wheat dextrin. They also allege GSK’s representation that Benefiber Healthy Shape products are “clinically proven to cure cravings” isn’t true.
The deal provides cash payments and label changes. Judge Nelson S. Román of the U.S. District Court for the Southern District of New York preliminarily approved the settlement.
What is the Lawsuit All about
The lawsuit alleges that Defendants GSK Consumer Health, Inc. and GlaxoSmithKline Consumer Healthcare Holdings (US) LLC (“GSK”) deceptively marketed, advertised, labeled, and sold Benefiber Original and Benefiber Healthy Shape Products as “100% Natural” or “natural;” and Benefiber Healthy Shape as “clinically proven to cure cravings” and as a weight management product at a price premium, even though it is the same product as Benefiber Original. GSK however continues denying the claims and allegations made in the Litigation and is settling to avoid the expense, inconvenience, risk, and disruption of litigation. It is not an admission of any wrongdoing. The Court has not decided that GSK has violated any laws. This notice is not an expression of any opinion by the Court on the claims in the Litigation. The Settlement will establish a $6.5 million Settlement Fund. GSK will also agree to change its packaging.
How to know if you are in the settlement class
The Settlement Class includes all individuals that purchased the Benefiber Healthy Shape Prebiotic Powder Fiber Supplement (“Benefiber Healthy Shape”) and/or Benefiber Original Prebiotic Powder Fiber Supplement, Benefiber Sugar-Free Powder Fiber Supplement, Benefiber Prebiotic Powder Fiber Supplement On-The-Go Stick Packs (Flavored or Unflavored), and/or Benefiber Prebiotic Fiber Supplement Chewables (“Benefiber Original”) for personal or household use, and not for resale, in the United States between June 19, 2014 and June 8, 2021.
The provisions of the Settlement
The settlement provides both monetary and injunctive relief and as such GSK has agreed to pay a Settlement Amount of $6.5 million to establish a Settlement Fund.
The Settlement Fund will pay Settlement Administration Costs, attorneys’ fees, costs and expenses in the amount approved by the Court, a Class Representative Service Award in an amount as approved by the Court.
GSK has also agreed to stop manufacturing the Products with labels bearing the “100% Natural” statement and will exclude that statement from any future marketing or advertisements created by GSK and also stop manufacturing Benefiber Healthy Shape with labels bearing the statement “clinically proven to cure cravings” and will exclude that statement from any future marketing or advertisements created by GSK .
Conclusion
If you bought any of the Benefiber product in the United States between June 19, 2014 and June 8, 2021, you can file a claim and also proceed with the case but if you dont do anything, you would receive no payment and also give up your right to sue or continue to sue GSK for the claims released by the Settlement.
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