December 10, 2012 – Last month, Iovate Health Sciences settled a deceptive practices class action lawsuit filed over its controversial dietary supplement Hydroxycut for $23.5 million. Once hailed as ‘America’s number one weight-loss supplement,’ Hydroxycut has recently been linked to liver injuries and other serious side effects. The Hydroxycut class action settlement DOES NOT include plaintiffs who are seeking compensation because of injury or death.
Free Hydroxycut Lawsuit Evaluation: If you or a loved one has been injured by Hydroxycut, you should contact our law firm immediately. You may be entitled to compensation by filing a suit against the manufacturer of Hydroxycut and we can help.
What’s the problem?
The terms of the Hydroxycut class action settlement include awards of $25 or free Iovate merchandise worth up to $50 to anyone who purchased the drug between May 9, 2006 and May 1, 2009. Consumers seeking reimbursement for just one product do not need a receipt; however, proof of purchase is required for individuals seeking to be compensated for more than one unit. Iovate has stated that any settlement money that isn’t dolled out will be set aside for plaintiffs who file individuals suits for injury or death caused by Hydroxycut.
The Hydroxycut class action was formed because so many consumers were eligible for a small award, but the dollar amount was so low that few would bother to file their own lawsuits against Iovate. The complaint was essentially premised upon a claim of ‘deceptive conduct’ on the part of the company. The lawsuit alleges that consumers were sold a false bill of goods because they purchased Hydroxycut without being warned of its potential side effects.
Consumers who were seriously injured by Hydroxycut will have to file individual claims against Iovate, due to the fact that their litigation will be much more complicated. It’s relatively easy to determine whether or not adequate warnings were given, but the burden of proof is much higher when consumers suffer personal injuries or die after using a product. In the event that plaintiffs come forward seeking compensation for injury or death, Iovate could be in for another massive payout. Industry insiders have predicted that it would only take one or two jury verdicts to put the damages in excess of the amount agreed upon in the class action settlement.
In 2009, the U.S. Food & Drug Administration (FDA) issued a nationwide recall for Hydroxycut products after receiving at least 23 adverse event reports (AERS) of serious health problems – including one death and one liver transplant – associated with the diet pill. “Adverse events are rare, but exist,” Linda Katz, M.D., interim chief medical officer of FDA’s Center for Food Safety and Applied Nutrition, said at the time of the recall. “Consumers should consult a physician or other health care professional if they are experiencing symptoms possibly associated with these products.”
As a result of the recall, Iovate reformulated Hydroxycut without the offending ingredients and re-released it to the public.
Do I Have a Hydroxycut Lawsuit?
The Product Liability & Defective Drug Litigation Group at our law firm is an experienced team of trial lawyers that focus on the representation of plaintiffs in Hydroxycut lawsuits. We are handling individual litigation nationwide and currently accepting new Hydroxycut injury cases in all 50 states.
Free Hydroxycut Lawsuit Evaluation: If you or a loved one has been injured by Hydroxycut, you should contact our law firm immediately. You may be entitled to compensation by filing a Hydroxycut injury suit and we can help.