Monday, May 02, 2011
Notice of Nationwide Class Certification Sent Out to Purchasers of Weight-Loss Supplement Akavar 20/50COURT TO NOTIFY BUYERS OF AKÄVAR 20/50 WEIGHT-LOSS SUPPLEMENT ABOUT THEIR RIGHTS IN A CLASS ACTION LAWSUIT.
A nationwide notice program authorized by the United States District Court for the District of Utah began today in order to issue notices to purchasers of the weight-loss supplement Akävar 20/50 (“Akävar”). The notices are a result of the Court establishing or “certifying,” in September, 2010, a class action lawsuit about whether the manufacturer’s advertising and marketing of Akävar is fraudulent, deceptive and misleading.
The lawsuit is called Miller v. Basic Research, LLC, et al., Case No. 2:07-CV-871. The Court decided that the Class includes any person who purchased Akävar after seeing or hearing the marketing slogan “Eat all you want and still lose weight.”
The lawsuit alleges that Akävar has not undergone “scientific evaluation” by a “team of doctors,” has not been tested in controlled random clinical trials and that there is no scientific evidence that users of Akävar can “Eat all you want and still lose weight.” The lawsuit seeks money and other benefits for the Class. Defendants deny the claims and allegations in the lawsuit. The Court has not decided whether plaintiffs or defendants are right. The lawyers for the Class will have to prove their claims at a trial set to begin on September 10, 2012.
The Court appointed the law firms of Anderson & Karrenberg; Wilentz, Goldman & Spitzer, P.A.; and Shepherd, Finkelman, Miller & Shah, LLP, to represent the Class as “Class Counsel.”
Those who wish to remain members of the Class don’t have to do anything at this time and will be informed about any claims process that results from the trial or any proposed settlement. Class Members will be bound by all orders and judgments of the Court.
Class Members may exclude themselves from the Class. A detailed notice available at www.AkavarClass.com and 1-877-835-0768, explains how people may exclude themselves. The exclusion deadline is August 15, 2011. Class Members who exclude themselves from the Class cannot participate in any recovery for the Class, and will not be bound by any court orders or judgments in this case.
For more information and a detailed notice, Class Members may visit www.AkavarClass.com or call 1-877-835-0768.