Gordon Noboru Yamagata, and Stamatis F. Pelardis, individually and on behalf of all others similarly situated v. Reckitt Benckiser LLC
Published: Aug. 13, 2021 | Result Date: May 11, 2021 | Filing Date: Jun. 19, 2017 |Case number: 3:17-cv-03529-VC Settlement – $50,000,000
Judge
Court
USDC Northern District of California
Attorneys
Plaintiff
Timothy G. Blood
(Blood, Hurst & O'Reardon LLP)
Thomas J. O'Reardon II
(Blood, Hurst & O'Reardon LLP)
Todd D. Carpenter
(Lynch Carpenter LLP)
Edwin J. Kilpela Jr.
(Carlson Lynch)
Craig M. Peters
(Altair Law LLP)
Defendant
Christian E. Baker
(Manatt, Phelps & Phillips LLP)
Alexandra N. Hill
(Manatt, Phelps & Phillips LLP)
Barry W. Lee
(Manatt, Phelps & Phillips LLP)
Robert H. Platt
(Manatt, Phelps & Phillips LLP)
Mark S. Mester
(Latham & Watkins LLP)
David T. Biderman
(Perkins Coie LLP)
Jasmine W. Wetherell
(Perkins Coie LLP)
Facts
Defendant Reckitt Benckiser LLC markets, sells and distributes a line of joint health dietary supplements under the Schiff Move Free brand which include: Schiff Move Free Advanced; Schill Move Free Advanced Plus MSM; and Schiff Free Advanced Plus MSM & Vitamin D. On its products' labels, Reckitt conveys to consumers that its product promotes joint health. For example, it has the Arthritis Foundation logo, and it uses a picture of a runner with his knee joint highlighted. Plaintiffs Gordon Noboru Yamagata, Stamatis F. Pelrdis, Maureen Carrigan, Lori Coletti, Ann-Marie Maher, Carol Marshall, Deborah A. Rawls, Oneita Steele and Maxine Tishman brought a class action suit against Reckitt.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiffs contended that the main ingredients in these products are glucosamine hydrochloride and chondroitin sulfate, even though randomized clinical trials have demonstrated that glucosamine and chondroitin are not effective at promoting joint health. Plaintiffs alleged that defendant's products labeling, packaging, advertising and marketing communicate that the products provide meaningful joint health benefits, but the products actually are incapable of supporting or benefitting the health of human joints. Therefore, Reckitt's joint health representations are false, misleading and deceptive.
DEFENDANT'S CONTENTIONS: Defendant denied all contentions.
Result
The case was settled for $50 million including $12,500,000 in attorneys' fees. The estimated cash award was $22 per bottle and no proof of purchase was required for up to 3 bottles.
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