Frequently Asked Questions
- Why should I read about this case?
- What is this lawsuit about?
- What is a class action and who is involved?
- Why is this lawsuit a class action?
- What does the lawsuit complain about?
- How does Premier Nutrition Corporation answer the allegations?
- Has the Court decided who is right?
- What is the Plaintiff asking for?
- Is there any money available now?
- Am I part of the Class?
- Are any purchasers of Joint Juice not included in the Class?
- I am still not sure if I am included.
- What happens if I do nothing at all?
- Why would I ask to be excluded?
- How do I ask the Court to exclude me from the Class?
- Do I have a lawyer in this case?
- Should I get my own lawyer?
- How will the lawyers be paid?
- How and when will the Court decide who is right?
- Do I have to come to the trial?
- Will I get money after the trial?
- Are more details available?
- Why should I read about this case?
If you purchased Joint Juice in California from March 1, 2009 to June 20, 2016 for personal use and not resale, you are part of the Class. The Notice explains that the Court has allowed, or “certified,” a class action lawsuit that may affect you. You have legal rights and options you may exercise before the Court holds a trial. The Court has scheduled the trial on September 18, 2017. The trial is to decide whether the allegations being made against Premier Nutrition Corporation, on your behalf, are correct. Trial will be held in the United States District Court for the Northern District of California. The lawsuit is known as Mullins v. Premier Nutrition Corporation, Case No. 3:13-cv-01271-RS.
Top - What is this lawsuit about?
This lawsuit is about whether Premier Nutrition Corporation engaged in deceptive or unfair conduct in violation of California consumer protection laws by advertising that its glucosamine and chondroitin supplement Joint Juice provides joint health benefits that it does not actually provide.
Top - What is a class action and who is involved?
In a class action lawsuit, one or more people called “Class Representatives” sue on behalf of other people who have similar claims. The people together are a “Class” or “Class Members.” The people who sue – and all the Class Members like them – are called the “Plaintiffs.” The company the Plaintiff sued (in this case Premier Nutrition Corporation) is called the “Defendant.” One court resolves the issues for everyone in the Class.
Top - Why is this lawsuit a class action?
The Court decided that this lawsuit can be a class action and move towards a trial because it meets the requirements of Federal Rule of Civil Procedure 23, which governs class actions in federal courts. Specifically, the Court found that:
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• There are factual and legal questions that are common to each of the members of the Class;
• The Class Representative’s claims are typical of the claims of the rest of the Class;
• The Class Representative and the lawyers representing the Class will fairly and adequately represent the Class’ interests;
• The common legal questions and facts predominate over questions that affect only individuals; and
• This class action will be more efficient than having many individual lawsuits. - What does the lawsuit complain about?
In the lawsuit, the Plaintiff says that Premier Nutrition Corporation’s joint health advertising claim for Joint Juice is false and deceptive and, for that reason, Premier Nutrition Corporation has violated California’s consumer protection laws prohibiting deceptive and unfair trade practices. Plaintiff claims that because of the false advertising Premier Nutrition Corporation was able to charge for a product that did not provide the advertised health benefits. You can read the First Amended Class Action Complaint and the Order Granting in Part Motion for Class Certification and requiring Further Briefing on the Case Documents page or at www.bholaw.com.
Top - How does Premier Nutrition Corporation answer the allegations?
Premier Nutrition Corporation responds that its joint health claims about Joint Juice are true and supported by scientific evidence.
Top - Has the Court decided who is right?
The Court has not decided whether the Plaintiff or Premier Nutrition Corporation is correct. By establishing the Class and issuing the Notice, the Court is not suggesting that the Plaintiff will win or lose this case. The Plaintiff must prove her claims at trial.
Top - What is the Plaintiff asking for?
Plaintiff is asking that Premier Nutrition Corporation provide monetary compensation to each Class Member, that Premier Nutrition Corporation change its advertising to make it truthful and that Premier Nutrition Corporation undertake a corrective advertising campaign. Plaintiff will also seek attorneys’ fees and costs incurred in connection with the prosecution of this action.
Top - Is there any money available now?
No money or benefits are available now because the Court has not yet decided whether Premier Nutrition Corporation did anything wrong or whether consumers are entitled to money or other benefits. There is no guarantee that money or benefits ever will be obtained. If they are, you will be notified about how to seek money or other benefits from the lawsuit.
Top - Am I part of the Class?
All consumers who purchased Joint Juice for personal use in California from March 1, 2009 to June 20, 2016, are Class Members.
Top - Are any purchasers of Joint Juice not included in the Class?
If you did not purchase Joint Juice in California within the listed time period then you are NOT a Class Member. You are also not a Class Member if you purchased Joint Juice for the purpose of reselling it.
Top - I am still not sure if I am included.
If you are still not sure whether you are included, you can get free help at www.bholaw.com or by calling or writing to the lawyers in this case.
Top - What happens if I do nothing at all?
You don’t have to do anything now if you want to keep the possibility of getting money or benefits from this lawsuit. By doing nothing, you are staying in the Class. If you stay in and the Plaintiff wins, you will be notified about how to seek money or other benefits from the lawsuit. Keep in mind that if you do nothing now, regardless of whether the Plaintiff wins or loses the trial, you will not be able to sue, or continue to sue, Premier Nutrition Corporation as part of any other lawsuit about the same legal claims that are the subject of this lawsuit. You will also be legally bound by all of the Orders the Court issues and judgments the Court makes in this class action.
Top - Why would I ask to be excluded?
If you already have your own lawsuit against Premier Nutrition Corporation regarding Joint Juice and want to continue with it, you need to ask to be excluded from the Class. Or, you may not agree with the allegations raised by the Plaintiff and do not wish to be part of this lawsuit. If you exclude yourself from the Class – which also means to remove yourself from the Class, and is sometimes called “opting-out” of the Class – you will not get any money or benefits from this lawsuit even if the Plaintiff obtains them as a result of the trial. However, you may then be able to sue or continue to sue Premier Nutrition Corporation regarding Joint Juice. If you exclude yourself, you will not be legally bound by the Court’s judgments in this class action.
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If you start your own lawsuit against Premier Nutrition Corporation regarding Joint Juice after you exclude yourself, you will have to hire and pay your own lawyer for that lawsuit, and you will have to prove your claims. If you do exclude yourself so you can start or continue your own lawsuit against Premier Nutrition Corporation regarding Joint Juice, you should talk to your own lawyer soon, because your claims may be subject to a statute of limitations. - How do I ask the Court to exclude me from the Class?
To ask to be excluded, you must send an “Exclusion Request” in the form of a letter sent by mail, stating that you want to be excluded from Mullins v. Premier Nutrition Corporation, Case No. 3:13-cv-01271-RS. Be sure to include your name and address, and sign the letter. You must mail your Exclusion Request postmarked by April 3, 2017 to: Mullins v. Premier Nutrition Corporation Class Administrator, P.O. Box 43034, Providence, RI 02940-3034.
Top - Do I have a lawyer in this case?
The Court decided that Timothy G. Blood of the law firm of Blood Hurst & O’Reardon, LLP is qualified to represent all Class Members as Class Counsel. Timothy Blood and Blood Hurst & O’Reardon, LLP are experienced in handling similar class action cases. More information about Blood Hurst & O’Reardon, LLP and Timothy Blood is available at www.bholaw.com.
Top - Should I get my own lawyer?
If you decide not to exclude yourself from the Class, you do not need to hire your own lawyer because Class Counsel is working on your behalf. If you want to hire your own lawyer you can ask him or her to appear in Court for you if you want someone other than Class Counsel to speak for you.
Top - How will the lawyers be paid?
If Class Counsel gets money or benefits for the Class, they may ask the Court for fees and expenses. You will not have to pay these fees and expenses. If the Court grants Class Counsels’ request, the fees and expenses would be either deducted from any money obtained for the Class or paid separately by Premier Nutrition Corporation.
Top - How and when will the Court decide who is right?
Class Counsel will have to prove the Plaintiff’s allegations at a trial. The date for trial is September 18, 2017 and will go forward in the United States District Court, Northern District of California, in the Philip Burton Federal Building, 450 Golden Gate Ave., San Francisco, CA 94102, Courtroom 3 – 17th Floor. During the trial, a Jury and the Judge will hear all of the evidence to help them reach a decision about whether Plaintiff or Premier Nutrition Corporation is right about the allegations in the lawsuit. There is no guarantee that Plaintiff will win, or that she will get any money for all or some members of the Class.
Top - Do I have to come to the trial?
You do not need to attend the trial. Class Counsel will present the case for the Plaintiff, and lawyers for Premier Nutrition Corporation will present on the company’s behalf. You or your own lawyer is welcome to attend at your own expense.
Top - Will I get money after the trial?
If Plaintiff obtains money or benefits as a result of the lawsuit, you will be notified about how to participate. We do not know how long this will take.
Top - Are more details available?
You will find the Court’s Order Granting in Part Motion for Class Certification and Requiring Further Briefing, and the First Amended Class Action Complaint on the Case Documents page or on www.bholaw.com. You may also speak to someone about the case by calling (619) 338-1100, or by writing to: Mullins v. Premier Nutrition Corporation Class Administrator, P.O. Box 43034, Providence, RI 02940-3034.
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PLEASE DO NOT CALL OR WRITE THE COURT FOR INFORMATION OR ADVICE.
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