A settlement has been approved in a class action lawsuit involving AdvantEdge and Myoplex nutrition bars, which stated on their front a number of “net carbs” or “impact carbs,” among other statements related to carbs or carbohydrates.
The lawsuit that is resolved by the settlement is known as Wells v. Abbott Laboratories, Inc., et al., Civil Case No. BC389753, which was pending in the Superior Court of the State of California, County of Los Angeles. The defendants in the lawsuit were Abbott Laboratories, Inc. (“Abbott Labs”) and Natural Supplement Association, Inc. (“NSAI”), the manufacturers and distributors of AdvantEdge Bars and Myoplex Bars.
The Court has approved the proposed settlement and ordered this notice. The Court’s order granting approval of the settlement can be view here: Order Granting Final Approval of Class Action Settlement. A copy of the judgment issued by the Court can be viewed here: Judgment.
A copy of the settlement agreement can be viewed here: Settlement Agreement and Release. The operative complaint can be viewed here: First Amended Complaint.
Summary information regarding the settlement is set forth below.
WHO’S INCLUDED?
The Settlement Class includes all residents of California who purchased any AdvantEdge Carb Control nutrition bars or Myoplex Carb Sense nutrition bars (the “Bars”) sold by Defendants at any time from April 28, 2004 to September 14, 2016. Excluded from the Settlement Class are (1) retailers, wholesalers, and other individuals or entities that purchased the Bars for resale; and (2) the Judges to whom this case is or has been assigned and any member of such judge’s immediate family.
WHAT DOES THE SETTLEMENT PROVIDE?
The settlement has resulted in the issuance of an injunction barring Defendants, for four years after the Effective Date, from selling in California any AdvantEdge or Myoplex nutrition bar that makes any statement on the front of its label about carbs or carbohydrates, unless the front of its label also states the total number of carbohydrates in the bar.
In exchange for the injunctive relief provided in the proposed settlement, Plaintiff and members of the Settlement Class agree to release “all claims for injunctive or declaratory relief (a) related in any way to statements about carbs or carbohydrates on the labels, packaging, or advertising of the Bars, or (b) requested in the Complaint or First Amended Complaint.” Although Plaintiff Kristen Wells is also releasing her claims for damages, monetary relief and restitution or her own behalf, the Settlement Agreement explicitly provides that the Settlement Class is not releasing any claims for damages, monetary relief, or restitution.
OBTAINING MORE INFORMATION.
For more information about the settlement, you may: (i) call (310) 844-9696; or (ii) write to Arias Sanguinetti Wang & Team, LLP, 6701 Center Drive West, 14th Floor, Los Angeles, California 90045.
