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October 2015: The appeal was voluntarily dismissed, the reasons for which have not been disclosed.
August 2015: An objector filed a Notice of Appeal regarding the approval of the settlement.
July 2015: A federal judge granted final approval of the settlement agreement.
February 2015: A federal judge preliminarily approved a settlement of a false advertising class-action lawsuit against Basic Research LLC, the manufacturer of the weight-loss supplement Akävar 20/50. The complaint, which was originally filed in 2007 and amended in 2008, alleges that the company falsely advertises the supplement as a “foolproof” and “guaranteed” way to lose weight without diet and exercise, and that scientific studies support such claims when, in reality, the supplement does not work as advertised and there is no scientific support for the claims. According to the settlement terms, class members who submit a claim form will receive a $25 refund for each box purchased (class members may receive a larger refund if they can prove that they paid more than $25 for a box). The proposed settlement does not provide class members with any injunctive relief, meaning that the marketing will remain unchanged. (Miller et al v. Basic Research LLC et al, Case No. 07-cv-871, D. Utah).
For more information about class-action lawsuits regarding weight-loss supplements and TINA.org’s coverage of them, click here.
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Companies should not be able to trap consumers into subscriptions that they do not want.
Getting out may not be as easy as signing up.
Ellen Lee, The New York Times
TINA.org discovers the evidence behind these weight-loss claims is slim.