July 2023 Status: The Settlement Agreement requires the Administrator to issue payments by October11, 2023. The Administrator is targeting to send funds before the end of August, 2023. Please check back once the final date is determined.
Settlement Information
A Settlement has been reached with Bactolac Pharmaceutical, Inc. (“Bactolac”), NaturMed, Inc. (d/b/a Institute for Vibrant Living) (“NaturMed”), and Independent Vital Life, LLC (“IVL2”) in a class action lawsuit about the sale of certain voluntarily recalled lots of the dietary supplement All Day Energy Greens and All Day Energy Greens Fruity (collectively, “ADEG”) in 2014 and 2015.
Plaintiffs claim that 99 lots of ADEG manufactured in 2014 and 2015 by Bactolac and sold to consumers by NaturMed contained ingredients not identified on the product label and omitted certain ingredients required by the product formula, which caused the supplement to be adulterated. Plaintiffs allege that the manufacture and sale of adulterated ADEG renders Bactolac and NaturMed liable under theories of breach of warranty, state consumer protection statutes, and under common law tort theories for monetary damages. Plaintiffs further allege that IVL2 is a mere continuation of NaturMed and is liable for the wrongful acts committed by its predecessor.
The Defendants deny Plaintiffs’ allegations, and any alleged wrongdoing in connection with the manufacture and sale of ADEG, and dispute the factual, legal, scientific, and other bases for Plaintiffs’ claims.
Who Is a Class Member?
You are part of the Settlement as a Settlement Class Member if you are a Person in the United States who purchased one or more canisters of ADEG that were manufactured as part of the Recalled Lots. The Recalled Lots are 99 lots included in the March 2016 voluntary product recall of ADEG conducted by NaturMed with the knowledge of the Food and Drug Administration. The lot numbers for the Recalled Lots can be found by clicking HERE.
Your Legal Rights and Options
Option and Deadline |
Your Legal Rights |
Submit a claim formDeadline Passed |
This is the only way you can get a payment or other benefits from this Settlement. |
Ask to be exCLudedDeadline Passed |
Do not get a payment or other settlement benefits. This is the only option that allows you to be part of any other lawsuit against the Released Parties, including the Settling Defendants, for the legal claims made in this lawsuit and released by the Settlement. For more information on how to submit an exclusion request, please visit the Frequently Asked Questions page. |
oBJECT TO THE SETTLEMENTDeadline Passed |
Write to the Court with reasons why you do not agree with the Settlement. For more information on how to file an objection with the Court, please visit the Frequently Asked Questions page. |
GO TO THE FINAL APPROVAL HEARINGDeadline Passed |
You may ask the Court for permission for you or your attorney to speak about your objection at the Final Approval Hearing. |
dO nOTHINGNo Deadline |
You will not get a payment or other benefits from this Settlement and you will give up certain legal rights. |
Dates and Deadlines
Claims Deadline
May 20, 2022
Exclusion Deadline
April 11, 2022
Objection Deadline
April 11, 2022
Fairness Hearing
May 19, 2022