BSN class action lawsuit. get your refund.
07-26-2009 02:22 AM
BSN class action lawsuit. get your refund.
Haven't seen this posted yet.
NOTICE OF CLASS CERTIFICATION AND SETTLEMENT OF CLASS ACTION
To: All persons who purchased a Bio-Engineered Supplements & Nutrition, Inc. (“BSN”) Product labeled as containing “Creatine Ethyl Ester Malate” or “CEM3” including, but not limited to, “Cellmass,” “Nitrix,” and “N.O.-XPLODE” in the United States, its territories, or at any United States military facility or exchange for personal use from November 6, 2003, through July 6, 2009.
You may be a class member in a class action lawsuit known as Rivera v. Bio-Engineered Supplements & Nutrition, Inc. et al., Case No. SACV07-1306 JVS (the “Action”), in the United States District Court for the Central District of California.
IF YOU ARE A MEMBER OF THIS CLASS OF PERSONS, YOU SHOULD READ THIS NOTICE CAREFULLY BECAUSE IT WILL AFFECT YOUR RIGHTS.
The purpose of this Notice is to advise you that a proposed settlement of the Action has been reached. As part of the proposed settlement, class members who submit valid claim forms with proof of purchase are entitled to, among other things, a refund check of $15.00 for each CEM3 product purchased during the class period, with a maximum refund limit of $30.00.
I. NATURE OF THE ACTION
Defendant BSN develops, manufacturers and distributes nutritional supplements. Plaintiffs filed a class action lawsuit against, among others, BSN, alleging that BSN made misrepresentations on its product labels and other marketing material with regard to the existence of “CEM3” in BSN’s products.
BSN denies any wrongdoing and any liability whatsoever, and no court or other entity has made any judgment or other determination of any liability.
The Parties have determined that it is in their best interests to settle the Action on the terms generally discussed below in order to avoid the expense, inconvenience, and interference with ongoing business operations of further litigation.
The Honorable James V. Selna of the United States District Court, Central District of California, has determined that the Action should be certified as a class action for settlement purposes only, with Plaintiffs as the class representatives, and has granted preliminary approval of the settlement, subject to a final fairness hearing discussed below.
II. THE PROPOSED SETTLEMENT
BSN has agreed to refrain from selling, marketing, advertising, and/or manufacturing any products claimed to contain CEM3. BSN has also agreed to, for a period of three years, affix a $5.00 mail-in rebate coupon to each bottle of Cellmass sold in the United States and affix a $3.00 mail-in rebate coupon to each bottle of Nitrix sold in the United States. For a period of two years, BSN has agreed to affix a $3.00 mail-in rebate coupon to each bottle of N.O.-Xplode sold in the United States (collectively, the “Rebates”). With each redeemed Rebate, consumers may choose to also receive a free sample pack ($2.15 retail value) of either Cellmass or N.O.-Xplode. Redemptions shall be capped at $50.00 per customer per year. If, by April 30, 2010, total redemption of the Rebates does not exceed $2,500,000.00, BSN has agreed to offer for 12 months, a 25% discount on all direct retail sales of any BSN product (excluding apparel, liquid beverages, sample packs, and promotional items or programs) to all of their customers.
Additionally, BSN has agreed to provide refunds for Authorized Claimants who submit valid claim forms and purchase receipts. Authorized Claimants will be provided a refund check of $15.00 for each CEM3 product purchased during the class period. Cash refunds will be limited to a maximum of $30.00 per authorized claimant. BSN’s obligation to pay cash refunds is limited to the payment of refunds actually claimed and subject to a maximum of $1,500,000.00.
Finally, BSN has agreed to donate a total of $1,000,000.00 worth of BSN products to charitable causes selected by BSN and approved by Class Counsel over the next five years.
III. DISMISSAL OF THE ACTION AND RELEASE OF CLAIMS
If the Court approves the proposed settlement, it will enter a dismissal of the Action with prejudice as to all class members. All class members who do not validly and timely request to be excluded from the proposed settlement will be forever barred from prosecuting their own lawsuits and deemed to have released, among others, BSN and each of its direct or indirect parents, wholly or majority owned subsidiaries, affiliated and related entities, predecessors, successors and assigns, partners, privities, and any of their present and former directors, officers, employees, shareholders, agents, representatives, attorneys, accountants, insurers, and all persons acting by, through, under or in concert with them, or any of them, from all manner of action, causes of action, claims, demands, rights, suits, obligations, debts, contracts, agreements, promises, liabilities, damages, charges, penalties, losses, costs, expenses, and attorneys’ fees, of any nature whatsoever, known or unknown, in law or equity, fixed or contingent, which they have or may have arising out of or relating to any of the acts, omissions or other conduct that have or could have been alleged or otherwise referred to in the Action.
IV. FAIRNESS HEARING
On October 19, 2009 at 1:30 p.m., a hearing will be held on the fairness of the proposed settlement. At the hearing, the Court will entertain any objections and arguments concerning the proposed settlement’s fairness. The hearing will take place at the United States District Court for the Central District of California, Courtroom 10C, 411 West Fourth Street, Santa Ana, California.
V. HOW TO RECEIVE YOUR REFUND
To be entitled to participate in the refund portion of the settlement, class members must accurately complete a Claim Form and deliver that form with a retail store or online receipt to the Claims Administrator no later than September 22, 2009:
Rivera v. Bio-Engineered Supplements & Nutrition, Inc.
c/o Gilardi & Co. LLC
P.O. Box 8060
San Rafael, CA 94912-8060
If you do not submit a valid and timely Claim Form, you will not be able to participate in the refund portion of settlement. The delivery date is deemed to be the date the form is deposited in the U.S. Mail, postage pre-paid, as evidenced by the postmark. You may request a Claim Form from the Claims Administrator at the address above or download one at Supplement Settlement.
VI. HOW TO OBJECT OR EXCLUDE YOURSELF FROM THE CLASS
Under the law, you have the right to exclude yourself from the class if you wish to pursue a separate lawsuit against the defendants or for any other reason or no reason at all. If you exclude yourself from the class, you will not be entitled to participate in any recovery by the class, and you will not be bound by the settlement.
If you desire to be excluded from the class, you must send a letter or postcard, addressed to the BSN Claims Administrator at: Rivera v. Bio-Engineered Supplements & Nutrition, Inc., Claims Administrator, c/o Gilardi & Co. LLC, P.O. Box 8060, San Rafael, CA 94912-8060. Set forth your name, address, the specific BSN product(s) you purchased, the date you purchased the product(s), and state your desire to be excluded from the Class. Your request for exclusion must be postmarked no later than September 22, 2009.
If you wish to object to the settlement, you must file a written objection and/or a Notice of Intention to Appear with the Court, and serve such objection and/or notice on Class Counsel and BSN’s Counsel by September 22, 2009 at the addresses set forth below. Any written objections and/or Notice of Intention to Appear must state: (a) the full name, address, and telephone number of the person objecting; (b) the words “Notice of Objection” or “Formal Objection;” and (c) in clear and concise terms, the legal and factual arguments supporting the objection. If you only object to the appropriateness or merits of the Action itself, then your objection will be deemed invalid. Class members who fail to make objections in the manner specified above will be deemed to have waived any objections and will be foreclosed from making any objections (whether by appeal or any other process) to the settlement. Only class members who file and serve timely written objections and/or Notices of Intention to Appear will be allowed to speak at the Fairness Hearing.
Class Counsel Counsel for BSN
James B. Hardin Robert D. Phillips, Jr.
Call, Jensen & Ferrell Reed Smith LLP
610 Newport Center Dr., Suite 700 355 S. Grand Ave., Suite 2900
Newport Beach, CA 92660 Los Angeles, CA 90071-1514
To be considered, the objection papers must be filed with the Court and delivered or postmarked to Class Counsel and BSN’s counsel no later than September 22, 2009. CLASS MEMBERS WHO DO NOT TIMELY MAKE THEIR OBJECTIONS WILL BE DEEMED TO HAVE WAIVED ALL OBJECTIONS AND WILL NOT BE ENTITLED TO SPEAK AT THE FAIRNESS HEARING. You may, but need not, enter an appearance through counsel of your choice. If you do, you will be responsible for your personal attorneys’ fees and costs.
VII. HOW TO OBTAIN MORE INFORMATION
The foregoing information is not all-inclusive. You may obtain additional information by visiting the Office of the Clerk of the Court, 411 West Fourth Street, Santa Ana, California, during regular court hours, to inspect the pleadings and other papers maintained there.
PLEASE DO NOT CALL OR WRITE THE CLERK OF THE COURT’S OFFICE
Dated: July 6, 2009
BY ORDER OF THE COURT
HONORABLE JAMES V. SELNA
UNITED STATES DISTRICT JUDGE
07-26-2009 04:04 AM
cell mass is average anyhow, I wouldnt even waste my time.
07-26-2009 10:19 AM
07-26-2009 11:21 AM
So did I read correctly that we need to have a receit from the place we got it? I have an old no-xplode from back when I was stupid enough to shop at GNC, but deffenately no receit.
07-26-2009 02:11 PM
well then suck up your losses cause you get nothing.
Originally Posted by kingdong
Its not like all their products are awful...there average over marketed/hyped and fckn maaad expensive.
In Canada NO Explode is 79.99, cellmass is 79.99, and nitrix is 74.99
I mean...are you fckn Joking?
thats 90$ a pop for my american friends.
07-26-2009 02:13 PM
better go find that receipt. its worth 3 bucks. minus a stamp. man, its worth like a cup of coffee!
Originally Posted by kingdong
07-26-2009 02:14 PM
thats funny, ya their pretty much admitting guilt and giving peanuts back to their customes.
Originally Posted by suncloud
The weird thing is the old cellmass formula worked pretty well for me, the new avpt was awful in my opinion.
07-26-2009 02:25 PM
man, i tried a bottle of CE3 with absolutely no results, and 2 containers of NO-xplode that had a better focusing effect than they did a pump effect. too bad i don't collect my receipts from 2006.
between the 15 bucks from the CE3, and the 3 bucks x2 from the No-xplode, i could buy two months supply of the two primary ingredients in no-xplode : b-12 and arginine.
07-26-2009 02:32 PM
ya man for sure, weird how there still so popular and expensive?
I just dont get it that the BIG 3 (BSN,MUSCLE TECH,GASPARI) are still soooo expensive, when there are similar if not better options out there.
I dont know, im going bulk creatines and arginines from Nutra shortly with a good natty test booster...IGF2/diesel test, I can get all three...delivered to canada for basaically 20$ more than a tub of size on up here.
94.99$ for size on In canada at gnc, only other option is popeyes and its 89.99 there.
pfffffffffff ya right or I go to SAVE ON FOODS and buy some creapure for 13.99...hmm wonder what ill buy?
07-26-2009 02:39 PM
jebus. there's got to be some way you can get a friend in the US who travels to your area on a monthly basis that can just bring it in... like telling border patrol "i'm going up there for a month and these are for my own use..."
Originally Posted by searl12
would be funny (and awesome) to have everyone on AM who visits canada to say "i'm visiting toronto or vancouver next week, send me your wish list non-hormonal, meet me at starbucks"
07-26-2009 02:46 PM
hahaha, ya man that would be sick.....but the whole thing is too is that the economy sucks...and the more we all outsource our business the more we hurt our own economy (sorry nuta) I just almost feel oblidged to sometimes buy here....I feel bad for the small guys like popeyes...dont want to see them go out of business.
Originally Posted by suncloud
Ahhh the dilemma...break the bank acoount or outsource for supplements....gonna have to be selfish this next order that s for sure.
You get the hemodraulix yet suncloud? I swear to god I had like a giddy dream last night where I had some...I was sooo happy...then I woke up and soon realized I had none...now im sad again.
but....for 79.99 I can sure as hell go get some!!!!!
07-26-2009 02:59 PM
yep, i've got the hemadrualix, but i got approved for logging the new T-911, so until i get it, and run it, i'm sticking with the basic protein/carbs/multi to run an accurate sponsored log. then i've got my cycle laid out, then hemadraulix for PCT. so i'll probably use it in 3 months.
07-26-2009 04:18 PM
end users = pennies
lawyers = millions
07-26-2009 04:23 PM
Bull Sheeet Nutirition living up to their name.
07-27-2009 01:43 AM
wait...so you get 3 dollars back if you have a reciept of purchasing no xplode??
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