The Law Firms of Drinker Biddle and Reath, LLP and Milstein, Adelman & Kreger, LLP Announce Certain Consumers Who Purchased TRIMSPA X32 Dietary Supplement Pills Could Benefit From Proposed Settlement
LOS ANGELES--(BUSINESS WIRE)--Consumers who purchased TRIMSPA X32 dietary supplement pills from April 1, 2003 through October 31, 2006 (the “class period”), may benefit from a proposed class action settlement preliminarily approved by the Los Angeles County Superior Court.
Under terms of the proposed settlement, class members who submit a timely and valid claim form will receive a cash payment, a free bottle of multivitamins, and a transferable discount coupon for each bottle of TRIMSPA X32 purchased during the class period.
The proposed settlement, which is subject to a final Fairness Hearing, would resolve allegations that statements made in the labeling and advertising for TRIMSPA X32 during the class period were false and misleading; allegations which the defendants deny any associated liability or wrongdoing.
Regarding the proposed settlement, the following Summary Notice was placed in print media around the country:
If You Purchased TrimSpa X32 From April 1, 2003 through October 31, 2006 You Could be Entitled to Benefits Under a Proposed Class Action Settlement.
There is a proposed Settlement in a class action lawsuit entitled Belkis LaRosa v. Nutramerica Corp., et al., in the Los Angeles County Superior Court, Case No. BC 309427. In this lawsuit, Belkis LaRosa is known as the Plaintiff, and Nutramerica Corp. (the marketer and distributor of TrimSpa X32), TrimSpa Corporation, Goen Technologies Corporation and Alex Goen are known as the Defendants.
This Notice is only a summary of the proposed Settlement. For a Full Notice, please visit the website or call the toll-free number shown below.
What Is This Class Action Lawsuit About?
Plaintiffs alleged that Defendants made false and misleading statements in their labeling and advertising of TrimSpa X32, from April 1, 2003 through October 31, 2006 (the “Class Period”). These issues were resolved in October 2006. The Defendants deny any liability or wrongdoing of any kind associated with the claims alleged in the Lawsuit.
Who Is Affected By This Class Action?
The proposed Settlement affects all persons who purchased at least one bottle of TrimSpa X32 in the United States for personal use and not for resale during the Class Period. These people are known as “Class Members.” If you are a Class Member your legal rights are affected whether or not you act.
What Are The Benefits To Class Members?
If you submit a timely and valid Claim Form, and the Settlement is approved by the Court, you will receive:
1. A Check: $1.00 for each bottle of TrimSpa X32 you purchased;
2. One Free Bottle of Winfuel multivitamin or MultiSpa Men’s or MultiSpa Women’s multivitamin, for each bottle of TrimSpa X32 you purchased; and
3. A $5.00 Coupon (transferable) redeemable for a $5.00 discount on a 90-count bottle of any of the Defendants’ products, for each bottle of TrimSpa X32 you purchased.
Who Represents The Plaintiff And Class Members?
The Plaintiff and the Class Members are represented in this case by the law firms of Milstein, Adelman & Kreger, LLP, and Chaiken & Chaiken. These lawyers are called “Plaintiff’s Counsel.” You will not be charged for the services of these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense. As part of the Settlement, Plaintiff’s Counsel will apply for attorneys’ fees and expenses in an amount not to exceed $3,428,000.00. Additionally, Defendants have agreed to pay an enhancement fee of $5,000.00 to the Plaintiff. Such amounts, as approved by the Court, will not reduce the amount available to Class Members.
What Can You Do About This Proposed Settlement?
1. If you do nothing you will remain a Class Member, and you cannot sue or be part of any other lawsuit against the Defendants relating to the legal issues in this case. Also, all of the Court’s orders will apply to you and legally bind you.
2. Exclude yourself (also known as “opting out”). If you don’t want to receive the Settlement Benefits and you want the right to sue the Defendants on your own about the legal issues in this case, then you may exclude yourself from the Settlement by following the requirements specified in the Full Notice, and mailing your Request for Exclusion letter with a postmark no later than August 2, 2007.
3. Object to the Settlement. If you wish to object to the Settlement you must do so by writing in the manner specified in the Full Notice. Objections must be mailed to Plaintiff’s Counsel, Defendants’ Counsel and Settlement Administrator by August 2, 2007, and filed with the Court by August 2, 2007. If you object to the Settlement (and do not exclude yourself from the Settlement as described above) and the Court approves the Settlement, you will remain a Class Member and will be entitled to receive the settlement benefits, provided that you complete and timely submit a Claim Form.
4. Submit a Claim Form. You may download a Claim Form from the Settlement Website or request one be mailed to you by calling the phone number shown below. To qualify for the Settlement Benefits, you must complete the Claim Form, sign it under penalty of perjury and mail it to the Settlement Administrator with a postmark no later than August 31, 2007.
The Court’s Fairness Hearing
The Court will hold a hearing (the “Fairness Hearing”) to decide whether to approve the Settlement. At this hearing the Court will consider whether the Settlement is fair, reasonable, and adequate. If there are objections, the Court will consider them and will listen to people who have asked to speak at the hearing. The Fairness Hearing will be held at 11:00 a.m. on August 21, 2007 at the Los Angeles Superior Court, Central Civil West Courthouse, 14th Floor, Department 309, before the Honorable Judge Anthony J. Mohr.
For More Information and to Obtain a Full Notice and Claim Form:
Call toll-free: 1-888-889-5841, Visit: www.TrimSpaSettlement.com, Or Write: TrimSpa Settlement Administrator, P.O. Box 6175, Novato, CA 94948-6175
Contacts: Defendant's Law Firm: Drinker Biddle and Reath, LLP William A. Hanssen, Esq. 333 S. Grand Avenue, Suite 1700 Los Angeles, CA 90071-1504 Phone: (213) 253-2300 Fax: (213) 253-2301 Plaintiffs' Law Firm: Milstein, Adelman & Kreger, LLP Wayne Kreger, Esq. 2800 Donald Douglas Loop North Santa Monica, CA 90405 Phone: (310) 396-9600 Fax: (310) 396-9635
