Schwabe To Pay $3.4 Million To Settle Claims Due To Ginkgold Products
Food manufacturer Schwabe North America, Inc. will pay out $3.4 million to resolve settlement claims over their Ginkgold products.
In July 2015, the lead plaintiff Kathleen Sonner filed a class action lawsuit against Schwabe North America, Inc. and Nature’s Way Products LLC in a California federal court.
The class action alleges that the companies falsely advertised their Ginkgold products by adding health benefit claims that were not true.
Ginkgold products were marketed as tablets that can provide benefits like boosting consumers’ memory and brain health. This marketing influenced customers to buy the product. However, the lead plaintiff believes that this is false, and the products cannot offer this.
In February 2017, U.S. District Judge Virginia A. Philips approved the defendants’ request to dismiss the case. The decision was made due to the plaintiff’s failure to provide enough evidence regarding the alleged false marketing.
Later that month, Kathleen Sonner, the lead plaintiff, filed for a Notice of Appeal for the federal judge’s summary judgment.
In December 2018, the U.S. Court of Appeals for the Ninth Circuit reversed the federal judge’s previous summary findings. They clarified that the case needed to undergo further proceedings for it to be appropriately analyzed.
The settlement was preliminarily approved on October 1, 2020.
On January 25, 2021, the court granted final approval for the settlement amounting to a $3,375,000 settlement fund.
The defendants have not recognized any of the allegations made against them. Despite this, they have agreed to pay the settlement to resolve the issue.
Class Members Eligibility
Individuals who meet all the following conditions are considered as eligible class members of the class action lawsuit and can make claims:
- Individuals who bought any Ginkgold or Ginkgold Max product
- The product was purchased for personal use.
- The product was bought during the following:
- In California, between July 7, 2011, to October 1, 2020
- In the United States, aside from California, from January 1, 2016, to October 1, 2020
According to the settlement terms, eligible class members who will make a claim can receive a part of the settlement fund for the Ginkgold products they have purchased:
- If the class member can present proof of purchase or receipt, they will be reimbursed for all the transactions they made during the covered period.
- If the class member cannot present a proof of purchase or receipt, only up to three transactions will be reimbursed.
The amount that each class member will receive will depend on the following:
- The average retail price of the product they have purchased, which can amount from $18 to $33
- The total amount may change depending on the number of claims that will be received
- The deadline for submitting a claim form has already passed and was on February 24, 2021.
- The deadline for opting out of the settlement has already passed and was on December 28, 2020.
- The deadline for objecting to the settlement has already passed and was on December 28, 2020.
Editor’s Note on Ginkgold Class Action Settlement For $3.4 Million:
This article is published to inform you of the latest settlement to be paid by Schwabe for the claims regarding the Ginkgold products.
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