California Court of Appeal
Duran v. Obesity Research Institute, 067917
In a putative class action against a weight-loss supplement manufacturer and a retailer, alleging defendants falsely claimed that defendant's products, Lipozene and MetaboUp, have weight loss benefits, the trial court's approval of the settlement agreement is reversed where: 1) the class notice failed in its fundamental purpose--to apprise class members of the terms of the proposed settlement; and 2) the erroneous notice injected a fatal flaw into the entire settlement process and undermines the court's analysis of the settlement's fairness.
Appellate Information
- Published 2016/07/15
Judges
- NARES
Court
- California Court of Appeal