Important Update: Following the Final Approval Hearing, the Court granted final approval to the Settlement on November 22, 2021. Copies of the Court's orders are available on the Important Documents page.
What is this lawsuit and Settlement about?
The lawsuit alleges that Defendants GSK Consumer Health, Inc. and GlaxoSmithKline Consumer Healthcare Holdings (US) LLC (“GSK”) deceptively marketed, advertised, labeled, and sold (1) its Benefiber Original and Benefiber Healthy Shape Products as “100% Natural” or “natural;” and (2) its Benefiber Healthy Shape as “clinically proven to cure cravings” and as a weight management product at a price premium, even though it is the same product as Benefiber Original. GSK vigorously denies the claims and allegations made in the Litigation and is settling to avoid the expense, inconvenience, risk, and disruption of litigation. It is not an admission of any wrongdoing. The Court has not decided that GSK has violated any laws. This notice is not an expression of any opinion by the Court on the claims in the Litigation. The Settlement will establish a $6.5 million Settlement Fund. GSK will also agree to change its packaging.
How do I know if I am part of the Settlement Class?
The Settlement Class consists of all individuals who purchased Benefiber Healthy Shape Prebiotic Powder Fiber Supplement (“Benefiber Healthy Shape”) and/or Benefiber Original Prebiotic Powder Fiber Supplement, Benefiber Sugar-Free Powder Fiber Supplement, Benefiber Prebiotic Powder Fiber Supplement On-The-Go Stick Packs (Flavored or Unflavored), and/or Benefiber Prebiotic Fiber Supplement Chewables ("Benefiber Original") for personal or household use, and not for resale, in the United States between June 19, 2014 and June 8, 2021.
What does the Settlement provide?
The Settlement provides both monetary and injunctive relief. GSK has agreed to pay a Settlement Amount of $6.5 million to establish a Settlement Fund. The Settlement Fund will pay Settlement Administration Costs, attorneys’ fees, costs and expenses in the amount approved by the Court, a Class Representative Service Award in an amount as approved by the Court, if any; and monetary benefits to Class Members who timely submitted a valid claim.
GSK has also agreed to (1) cease manufacturing the Covered Products with labels bearing the “100% Natural” statement and will exclude that statement from any future marketing or advertisements created by GSK or at GSK’s direction that describes the Covered Products, and (2) cease manufacturing Benefiber Healthy Shape with labels bearing the statement “clinically proven to cure cravings” and will exclude that statement from any future marketing or advertisements created by GSK or at GSK’s direction that describes Benefiber Healthy Shape.
Class Members' legal rights are affected whether they act or don't act. Read the Settlement Notice carefully.
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