Status and Updates

June 1, 2015: The appeal was dismissed with prejudice.

April 21, 2015: A class member files a Notice of Appeal indicating that he is appealing the Court’s final approval of the settlement agreement, as well as the approval of attorneys’ fees, to the Sixth Circuit.

March 30, 2015: Judge Barrett issues an order granting final approval of the settlement agreement.

December 12, 2014: Plaintiffs file response to’s brief.

December 2, 2014: The Final Fairness Hearing is held in federal court.  The judge presiding over the case, Judge Barrett, grants’s Motion for Leave to file brief as amicus curiae and gives plaintiffs 10 days to respond to’s arguments for why the settlement should be rejected.

November 20, 2014: notifies court of a decision reached in the Seventh Circuit on Nov. 19 that reversed a district court’s approval of a class-action settlement under similar circumstances. In that case, Pearson v. NBTY, Inc., the settlement that was ultimately rejected provided for minor word changes to the product labels at issue, small monetary awards to the class members, and $1.9 million in attorneys’ fees.

November 5, 2014: Plaintiffs file opposition to’s Motion for Leave to file brief as amicus curiae.

October 21, 2014: files brief as amicus curiae opposing the proposed settlement reached by the parties, as well as a Motion for Leave to file the brief.



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