Class Action Lawsuit Filed against Cobra Energy reaches settlement
A class action lawsuit filed in 2013 against Natural Balance Cobra Energy has finally settled this year.
Claims include Nutraceutical International Corp. for falsely advertising Cobra Sexual Energy. Claims state that the product formulation improves virility greatly with no scientific proof.
By February 2015, a judge decertified the class in the lawsuit, as there wasn’t enough evidence to prove that the damages are applicable on a classwide basis.
In the same year, a judge denied a motion forwarded in June for the court to reconsider the decision to decertify the class.
Finally, in September of that year, the Ninth Circuit granted a petition to appeal the district court’s decision to decertify the class.
In September 2017, the Ninth Circuit Court of Appeals reversed the district court’s decision to decertify the class and forwarded the case for further proceedings.
By November of the same year, the Ninth Circuit of Appeals denied a petition for rehearing en banc.
January of 2020 saw a turning point in the case, as the district court repealed the February 2015 order decertifying the class and reestablished a June 2014 court order certifying the class.
A federal judge initially approved a settlement that will give class members with $10 cash awards without the need to show proof of purchase and up to $100 if the class member can show proof of purchase.
The company also agreed to remove the following phrases:
- potency wood
- perform your best
- intended to give nutritive support for blood flow
A final fairness hearing was set for the 2nd of April 2021.
California residents who bought Cobra Sexual Energy between the 14th of August 2009 and 31st of December 2020 may be a part of the $100,000 settlement which Nutraceutical agreed to pay despite the company not admitting to doing anything wrong.
Affected class members must send in a Claim Form online or by mail with any proof of purchase, if they have any, by the 6th of March 2021.
If any class members wish to object or exclude themselves from the settlement must do so on or before the same date.
Editor’s note on the Cobra Sexual Energy Class Action Settlement:
This piece is written about the recent Cobra Sexual Energy Class Action Settlement. The lawsuit happened over Cobra’s misleading advertisements.
As always, we’d be happy to help you take a step in the right direction, fight this issue, and better enable you to join in on any potential consumer class action.
If interested, please send us a message by clicking the ‘Contact Us’ button below! We’d love to hear back from you.