Important Update: Distribution
The Court issued Final Approval of the Class Settlement Agreement on November 9, 2012, which can be viewed under Court Documents. However, on December 19, 2012, an appeal was filed. All Appeals have now been resolved and distribution of Settlement benefits occurred on February 19, 2014.
Overview Of The Settlement
Danielle Correa and Jennifer Teeples v. Sensa Products, LLC, et al., Case No. BC476808
A settlement has been approved in a class action challenging certain advertising claims about the Sensa® Weight Loss System (“Sensa®”). The settlement includes all persons who purchased Sensa® prior to August 21, 2012 (except Linda Breeding, Melanie Gordon, Polin Mahboubian, and Shahriyar Bolandian).
This lawsuit is about Sensa®’s advertising. Plaintiffs allege that Defendant did not have a sufficient scientific basis for certain of its marketing claims. In response, Defendant provided information and evidence supporting its advertising claims, including three product studies and significant scientific research regarding neurology and the science of smell and taste. Subsequently, the parties reached an agreement to avoid the time and expense of litigation.
What Does The Settlement Provide?
The settlement will provide up to $6,000,000 for notice/administration costs, class representative payments, and cash benefits to class members who submit a claim and up to $3,000,000 in fees and costs for the lawyers who represented the Settlement Class.
What Are My Options?
- SUBMIT A CLAIM FORM - To have qualified for a payment under the settlement, you must have submitted a Claim Form by December 13, 2012. Please be advised that the deadline to submit a Claim Form passed on December 13, 2012.
- EXCLUDE YOURSELF FROM THE SETTLEMENT - If you wanted to exclude yourself (or opt out) from the Settlement Class, you must have submitted a letter requesting exclusion postmarked no later than October 29, 2012. If you properly opted out, you will not be bound by the Settlement, but you will not be eligible to participate in the potential benefits.
- OBJECT TO THE SETTLEMENT - If you are a Settlement Class member, you could have objected to any part of the Settlement by sending a letter explaining the reasons you didn’t like the Settlement and stating whether you intended to appear at the Final Approval Hearing. To be timely, your objection must have been filed with the Court and mailed to Class Counsel and Defendant’s Counsel postmarked no later than October 29, 2012.
Please consult the Notice for more details on your options.
Final Approval Hearing
The Court held the Final Approval Hearing at 10:30 a.m. on November 7, 2012, in Department 309 at the Los Angeles County Superior Court located at 600 South Commonwealth Avenue, Los Angeles, California 90005. At the Final Approval Hearing, the Court considered all arguments and determined that the settlement is fair, reasonable, and adequate, and the settlement was granted final approval. The Court also granted the request for attorneys' fees, and costs and service payment to each of the Settlement Class Representatives.