Did you Purchase Glucosamine Sulfate Products Between May 6, 2004 and June 1, 2021?
If so, you might be affected by a class action settlement.
VANCOUVER, BC, May 5, 2021 /CNW/ -
The Class Action
A national class action was commenced in British Columbia, on behalf of residents of Canada, alleging that numerous manufacturers and retailers sold products labelled as containing "glucosamine sulfate", "glucosamine sulfate potassium chloride", "glucosamine sulfate KCL", or "glucosamine sulfate • KCL" ("Glucosamine Sulfate Products"), when they contained no glucosamine sulfate.
The class action alleges that the defendants were unjustly enriched, engaged in negligent misrepresentation, contravened the Competition Act prohibiting false and misleading representations, and contravened provincial consumer protection legislation.
The Settlement
A settlement of the action has been reached on a national level with Vita Health Products Inc. ("Vita") and Sisu, Inc. ("Sisu") under which these settling defendants have agreed to, among other things, make a product labelling change and pay CDN $450,000 for the benefit of the proposed class. In exchange, Vita and Sisu, as well as certain related parties, will receive, among other things, a full and final nation-wide release of all claims and potential claims that class members may have against them for any sort of alleged or perceived damages relating to the Glucosamine Sulfate Products.
The settlement is subject to court approval in British Columbia. The settlement is a resolution of contested claims, none of which have been proven, and is not an admission of liability, fault or wrongdoing of any kind by Vita or Sisu, nor is it an admission of any of the allegations made in the class action, which Vita and Sisu expressly deny.
Certification as Class Proceedings for Settlement Purposes
The court in British Columbia will be asked to certify the action against Vita and Sisu as a class proceeding for settlement purposes only.
Settlement Class Members
You may be a member of the proposed settlement class if you purchased Glucosamine Sulfate Products between May 6, 2004 and June 1, 2021, for purposes that were primarily personal, family, or household.
- "Glucosamine Sulfate Products" means product labelled as containing "glucosamine sulfate", "glucosamine sulfate potassium chloride", "glucosamine sulfate KCL", or "glucosamine sulfate • KCL".
Settlement Approval Hearing
A hearing to consider certification and approval of the settlement will be heard by the British Columbia court in the City of Vancouver on June 1, 2021 at 9:00am by videoconference.
You may express your views on the proposed settlement to the court. If you wish to do so you must provide a written submission to class counsel by May 25, 2021 for consideration by the court. For more information see bdplaw.com, bennettmounteer.com, or cfmlawyers.ca.
Money Paid Under the Settlement
The settlement funds paid by the settling defendants will be held in an interest-bearing trust account. At a later date, the court will decide how the settlement funds will be distributed. The settlement funds may be distributed to class members, distributed to charitable organizations, used to pay for case expenses, or any combination of the above. If there is a distribution to the class members, the court will decide how you can apply to receive money from this settlement.
You are represented by:
- Bennett Mounteer LLP
- Burnet, Duckworth & Palmer LLP
- Camp Fiorante Matthews Mogerman LLP
SOURCE CFM Lawyers LLP
