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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

Counsel

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