A class-action lawsuit has been filed by plaintiffs claiming that 99 lots of ADEG were manufactured by Bactolac in 2014 and 2015 and sold by NaturMed to consumers. These products contained ingredients that were not clearly identified on the product label. They even omitted various ingredients which were required under the product formula and this led to adulteration of the supplement. According to the plaintiffs, both NaturMed and Bactolac are guilty of breach of warranty, common law tort theories for monetary damages, and state consumer protection statutes.
The sale of dietary supplement All Day Energy Greens Fruity and All Day Energy Greens (collectively, “ADEG”) have been voluntarily recalled under the class action lawsuit. Plaintiffs have further alleged that IVL2 is a continuation of NaturMed and should be held liable for the wrongful acts of its predecessor. The defendants have denied all allegations of the plaintiffs for any wrongdoing in the manufacture and sale of ADEG. They are in dispute with the legal, factual, scientific, and other bases of claims made by the plaintiffs.
Class members will have till 11th April 2022 for objecting to or excluding themselves from the settlement benefits. On choosing this option, class members will not get any settlement benefits but they can be a part of other lawsuits against the Released Parties including the Settling Defendants. They will be required to send a written statement to the court listing the reasons why they do not agree to the settlement. If the class members do not take any action, they will not receive payment from this settlement and will give up their legal rights.
While the court did not pass any ruling in favor of the defendants or plaintiffs, both the parties have agreed to the settlement terms. This can help them avoid the burden of trial and all associated costs while helping the class members get benefits more quickly.
Eligibility For Making Claim: For being considered as a Class Member under the NaturMed/IVL settlement, you should be a person in the United States who purchased a minimum of one canister of All Day Energy Greens supplement that was manufactured as part of the Recalled Lots. It is imperative to note here that all lots are specific to product batches and this comprises of 99 lots included in the March 2016 voluntary product recall of ADEG carried out by NaturMed under the supervision of the Food and Drug Administration. You can access the lot numbers of Recalled Lots by clicking on this link. Class Members do not include the following:
- Any person who has validly and timely excluded herself, himself, or themselves from the Settlement Class under the terms of the settlement.
- The Defendants, any division or entity in which the defendants have a controlling interest, their legal representatives, directors, officers, successors, and assigns.
- The judge to whom this Action has been assigned, their immediate family and staff, or other judicial staff member or judicial officer assigned to this case.
- Any Class Counsel, including their members, partners, shareholders, and immediate Class Counsel family members.
- Any State comprising without limitation the United States, or its agencies.
- Any person who purchased either one or more ADEG manufactured canisters from a Recalled Lot and previously received either a replacement product or a full refund for their purchase.
Proof Of Purchase: Receipt, credit card statement showing purchase required in order to claim NaturMed/IVL class action Settlement.
Potential Claim Amount: Bactolac Pharmaceutical, Inc. (“Bactolac”), Independent Vital Life (“IVL”), and NaturMed, Inc. (d/b/a Institute for Vibrant Living) (“NaturMed”) have agreed to create a settlement fund for $1725000 for catering to the claims of the class members. The eligible class members can either claim $5.00 cash or a credit worth $10.00 towards purchasing any IVL2 product and this will remain valid over a span of three years. If the number of claimants choosing to receive the cash payment surpasses the Alternative payment Fund of $100000, then each Settlement Class Member who elected cash payment will receive a pro-rata share. Money remaining in the Alternative Payment Fund after paying $5 to each Settlement Class member choosing cash payment will be distributed on a pro-rata basis to all Settlement Class Members.
Settlement Website: NaturMedIVLSettlement.com
Claim Form: Submit a Claim – NaturMed/IVL Settlement (pnclassaction.com)
Deadline For Submitting Claim: 20th May 2022
Final Hearing Date: 19th May 2022
Settlement Pool: $1725000