Hydroxycut Cuts its Losses by Agreeing to Settle in Consumer Fraud Class Action

Iovate Health Sciences USA, Inc. has recently decided to settle a class action lawsuit brought against it for allegedly making false and misleading statements in advertising and labeling its Hydroxycut dietary supplement products. (Daniel Garcia v. Iovate Health Sciences U.S.A., Inc., Case No. 1402915 ,filed with the Superior Court of the State of California, County of Santa Barbara.)

The class action argued that Iovate, in marketing its Hydroxycut products, violated California’s Consumer Legal Remedies Act, Unfair Competition Law, as well as breach of express warranty. The suit alleged that Iovate falsely advertised the efficacy of over thirty of its products, such as its Hydroxycut Weight Loss Drink Mix, Hydroxycut Green Coffee, and Hydroxycut Premium Cleanse.

As a result of the Iovate Hydroxycut Settlement, class members who bought certain Hydroxycut supplement products between July 20, 2008 and March 19, 2014 may receive refunds for their purchases if they have a purchase receipt. In addition, Iovate has agreed to a Settlement Fund of $550,000 to reimburse class members who no longer have their receipts for the price of up to two bottles of Hydroxycut purchased. The deadline for Hydroxycut purchasers to file a claim for reimbursement pursuant to the settlement is July 30, 2014. (See the Stipulation and Agreement of Settlement.)

If you or someone you know has purchased a product in reliance on misleading labeling or advertising, you may be entitled to relief. Please contact Khorrami Boucher, LLP for a confidential consultation.