What You Need To Know About The Instaflex Settlement
According to the class action settlement, eligible class members include “anyone who paid money to obtain Instaflex Joint Support for personal use.” Eligible class members have until July 20, 2017 to opt out of the settlement or contest any part of the agreement.
The potential award for each household that purchased the supplement is a maximum $105. Class members receive $15 for every bottle purchased up to the limit set at seven bottles. If you received a free sample of the supplement, but paid for shipping and handling, you can expect a cash payment or $5. Cash payments might increase by $60, if there is money available in the settlement fund. Any extra money handed out will distribute on a pro rata basis. The potential award depends on the number of valid claims filed.
Lead plaintiff Vince Mullins filed the first Instaflex class action lawsuit in 2013 by asserting that Direct Digital presented “false and misleading” information on the Instaflex Joint Support supplement. Mullins stated in his lawsuit that using the terms “scientifically formulated” and “clinically tested” represented false and misleading claims. According to class counsel, documented scientific studies have not demonstrated that the supplement glucosamine eases the pain and improves the performance of joints.
A judge preliminarily approved the Instaflex supplement class action settlement on March 9, 2017. Direct Digital has agreed to create a $4.5 million settlement fund to handle claims filed by consumers who bought the supplement because of the misleading scientific claims presented on the bottle label. Direct Digital also will change the wording on the supplement bottle label to eliminate terms such as “clinically tested” and “scientifically formulated.”
Direct Digital continues to deny the allegations made in the class action lawsuit. However, the company settled to avoid the costs associated with protracted litigation and the possibility of losing the class action lawsuit.
Court documents reveal consumers do not have to prove the purchase of the joint support supplement. Class counsel recommends potential class members read the claim form in its entirety to avoid having claims denied. The deadline for filing a valid claim is September 5, 2017. The class action settlement judge for Vince Mullins v. Direct Digital LLC, Case No. 1:13-cv-01829, in the U.S. District Court for the Northern District of Illinois, Eastern Division has scheduled the final hearing on September 7, 2017. To learn more about the agenda for the final hearing, visit the class action settlement website www.GlucosamineSulfateSettlement.com.
Elaine A. Ryan of Bonnett Fairbourn Friedman & Balint and Max A. Stein of Boodell & Domanskis LLC represent the class counsel. Venable LLP attorney Ari N. Rothman handles the defense for Direct Digital.
