Primary plaintiff Daniel Garcia filed the Iovate class action lawsuit that includes allegations the supplement company ran false and misleading advertisements, as well as presented inaccurate information about the supplement Hydroxycut on the product label. Iovate Health Services Sciences USA Inc. has agreed to settle the class action lawsuit to avoid a prolonged court battle that would cost the company more money than the money lost under the terms of the class action settlement.
Garcia’s class action lawsuit charges Iovate with violating more than one federal consumer protection law, as well as statutes that prevent false and misleading advertising in the State of California. Some of the federal laws mentioned in the class action lawsuit include the Consumer Legal Remedies Act and the Magnuson-Moss Warranty Act. Garcia emphasized in class action lawsuit documents that Iovate generated profits from the implementation of false and misleading advertising.
The product list covered by the class action lawsuit is long.
The following are several of the Iovate products the company sold by implementing false and misleading advertising:
- Hydroxycut Pro Clinical
- Hydroxycut Pro Clinical 99% Caffeine Free
- Hydroxycut Advanced
- Hydroxycut Protein Bars
- Hydroxycut Green Coffee
- Hydroxycut Ultra
- Hydroxycut Black
- Hydroxycut SX-7
- Hydroxycut Maximo
- Hydroxycut Hardcore
- Hydroxycut Results
- Hydroxycut Black
- Hydroxycut SX-7
- Hydroxycut SX-7 Non-Stimulant
- Hydroxycut SX-7 Black Onyx
- Hydroxycut SX-7 Black Onyx Ultra Probiotic
- Hydroxycut Maximo
- Hydroxycut Max Pro Clinical
- Hydroxycut Hardcore
- Hydroxycut Hardcore Next Gen
- Hydroxycut Hardcore Pro Series Ignition Stix
- Hydroxycut Hardcore Elite Sport
Visit the Iovate class action settlement website at www.HPCSettlement.com to review the entire list of Iovate products covered by the class action settlement.
What You Need to Know
Consumers that purchased any of the Hydroxycut supplement products listed in the class action lawsuit between May 2, 2009 and February 15, 2017 might be eligible to receive compensation as part of the Iovate class action settlement. Under terms of the class action settlement, Iovate has established a Claim Fund of about $8 million to reimburse eligible consumers that submit valid claims. Iovate has also agreed to change product labels to remove false and misleading information. Consumers have until May 30, 2017 to opt out of the settlement or contest any part of the legal agreement. A full refund up to $28 remains the award amount for consumers that file claim forms for the Iovate class action lawsuit. With a claim form deadline of May 30, 2017, the Daniel Garcia v. Iovate Health Sciences USA Inc., Case No. 1402915, in the Superior Court of California, County of Santa Barbara has scheduled a final hearing for June 21, 2017.
Law firm Bursor & Fisher represents the plaintiff class members, while the defense counsel comprises attorneys that represent Pacific Trial Attorneys APC.
