Proposed Settlement of Class Action Lawsuit: Smith, et al. v
IRVINE, Calif., Jan. 17, 2020 /PRNewswire/ -- CPT Group, Inc. announced today that the United States District Court for the Western District of Missouri has preliminarily approved a proposed nationwide settlement in Smith, et al. v. Atkins Nutritionals, Inc., No. 2:18-CV-04004-MDH, a class action alleging that Atkins Nutritionals' representations in its labeling, marketing, advertising, and sales of its products that contained any sugar alcohol (including but not limited to maltitol) or polyol (including but not limited to glycerin) were unfair, deceptive, and/or unlawful because, according to the plaintiffs, Atkins Nutritionals' statement that sugar alcohols have a minimal impact on blood sugar is not accurate. While agreeing to the settlement, Atkins Nutritionals disputes the allegations in the lawsuit and denies liability to the plaintiffs and the settlement class. No court has found that Atkins Nutritionals violated the law in any way.
The settlement agreement includes agreements by Atkins Nutritionals to relabel products containing sugar alcohols or polyols, reformulate certain products to reduce or eliminate maltitol, discontinue certain products, and keep these changes in place for set, minimum periods of time. The settlement agreement also establishes a $3.8 million settlement fund to pay claims by settlement class members, administration costs of the settlement, the plaintiffs' attorneys' fees and costs, and service awards to the named plaintiffs.
If you purchased Atkins products that contained any sugar alcohol (including but not limited to maltitol) or polyol during the "Purchase Period," you are part of the settlement class (a "Class Member"). The Purchase Period is from January 1, 2013 to April 27, 2020 for purchases in New York, Missouri and/or California, and from January 1, 2014 to April 27, 2020 for purchases in any other state.
Under the settlement agreement, Class Members are entitled to a cash payment from the settlement fund for their purchases of any of the following Atkins products during the Purchase Period: Chocolate Covered Candies, Chocolate Peanut Candies, Milk Chocolate Caramel Squares, Peanut Butter Cups, and Chocolate Caramel Mousse bars (the "More Than 10 Grams Of Maltitol Products"). Class Members who timely submit a valid claim form with qualifying proof of purchase of the More Than 10 Grams of Maltitol Products during the applicable Purchase Period will receive an amount equal to 25% of the average national purchase price for each More Than 10 Grams Of Maltitol Product evidenced by the proof of purchase. Class Members who timely submit a valid claim form without qualifying proof of purchase will receive an amount equal to 10% of the average national purchase price for each More Than 10 Grams of Maltitol Product purchased during the applicable Purchase Period, with total recovery capped at $100. To recover a cash payment, Class Members must submit a Claim Form by April 27, 2020. Claim Forms can be found at www.ANIClassSettlement.com or can be requested by calling 1-888-531-0208.
If you are a Class Member and want to keep the right to sue or continue to sue Atkins Nutritionals on your own about the issues to be resolved by the proposed settlement, you must submit a written Request for Exclusion. If you submit a Request for Exclusion, you will not get any settlement payment that you may have been eligible to receive, and you cannot object to the settlement. Any Request for Exclusion will need to include your name, address, telephone number and signature and be mailed, postmarked no later than April 27, 2020, to Smith, et al. v. Atkins Nutritionals, Inc. c/o CPT Group, Inc., 50 Corporate Park, Irvine, CA 92606.
If you are a Class Member, you also can object to the settlement. An objection must be submitted to the Court by April 27, 2020. Class members who exclude themselves from the settlement cannot also object.
This is only a summary of the settlement. More details are in the settlement agreement. To obtain a copy of the settlement agreement or learn more about the proposed settlement, please visit www.ANIClassSettlement.com or contact the settlement administrator at 1-888-531-0208.
CPT Group, Inc.
Smith, et al. v. Atkins Nutritionals, Inc. Settlement Administrator
50 Corporate Park
Irvine, Calif. 92606
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SOURCE CPT Group, Inc.