The lawsuit alleges violations of consumer protection and warranty laws, and claims that i-Health misrepresented the efficacy of BrainStrong Products, which contained Docosahexaenoic acid (DHA) algal oil. i-Health denies it did anything wrong, and the Court has not made any ruling on the merits of the allegations of the lawsuit. i-Health, however, has chosen to provide its customers with a cash payment and/or vouchers for BrainStrong Products rather than spending additional money on litigation.
The Court has not decided in favor of either side in the case. i-Health denies all allegations of wrongdoing or liability against it, and contends that its conduct was lawful. i-Health is settling to avoid the expense, inconvenience, and inherent risk of litigation, as well as the related disruption of its business operations. The Class Representatives and their attorneys assert that the settlement is in the best interests of the Class, because it provides an appropriate recovery now while avoiding the risk, expense, and delay of pursuing the case through trial and any appeals.
Who’s Eligible
Class Members include anyone who purchased BrainStrong products, including BrainStrong Toddler, BrainStrong Kids and BrainStrong Adult, in the United States between Jan. 1, 2011 and March 4, 2016.
Potential Award
A full refund to Class Members who provide proof of purchase that states the actual price paid for the BrainStrong supplements. If the proof of purchase submitted does not state the price of the products, i-Health will issue a cash refund for the average retail price of each listed product.
Class Members who do not submit proof of purchase will receive either $4 in cash or a $6.50 voucher for the purchase of any i-Health product.
Proof of Purchase
None required. However, Class Members who do not submit proof of purchase will be limited to a recovery of either $4 in cash or a $6.50 voucher. Class Members who do submit proof of purchase may be entitled to receive a full refund for the eligible products they purchased.
Claim Form Deadline
6/19/2017
Case Name
Amy Jovel and Michael Yee v. i-Health Inc., Case No. 1:12-cv-05614-MDG, in the U.S. District Court for the Eastern District of New York
Final Hearing
5/19/2017
Settlement Website
Claims Administrator
Jovel v. i-Health Claims Administrator
KCC LLC
P.O. Box 40007
College Station, TX 77842-4007
1-888-283-6979
Class Counsel
FARUQI & FARUQI LLP
BONNETT FAIRBOURN FRIEDMAN & BALINT PC
Defense Counsel
HOGAN LOVELLS US LLP
How Class Actions Work
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