If you do not find an answer to your question below, click here to contact us.
If you are a California citizen who purchased one of the Neurobrands Products described on page 1 of the Notice between January 1, 2012 and October 15, 2020, for personal or household use and not for resale or distribution (the "Class"), then you have a right to know about a proposed settlement ("Settlement") in this class action lawsuit and your options in relation thereto, before the Court decides whether to give its final approval of the settlement.
The Notice explains the lawsuit, the Settlement, your legal rights, and what benefits are available. The Court overseeing the case is the United States District Court for the Northern District of California, and the case is known as Young v. Neurobrands, LLC, Case No. 4:18-cv-05907-JSW. Renee Young and Joycette Goodwin, the people who sued, are called the Plaintiffs, and the company they sued, Neurobrands, LLC, is called the Defendant.
The Plaintiffs who filed the lawsuit allege that Neurobrands' Product labels claiming to contain "natural flavors" and "no artificial colors or flavors" are false and misleading because the Products contain the ingredient dl-malic acid, which Plaintiffs claim functions as a flavor in the Products.
Neurobrands denies the allegations in the lawsuit, and the Court has not made any ruling on the merits of the lawsuit. To avoid the expense of further litigation, the parties have reached a settlement that is further described in this Notice.
In a class action lawsuit, one or more people, called Class Representatives (in this case Renee Young and Joycette Goodwin) represent the interests of similarly situated people who may have the same claims in common, but have not filed a lawsuit. All of these people are collectively referred to as a class. The persons who filed the lawsuit are called the Plaintiffs. The company or persons they sue is called the Defendant. One court resolves the issues for everyone in the class.
The Court has not decided in favor of either side. Neurobrands denies all allegations in the lawsuit. Neurobrands is settling simply to avoid the expense, inconvenience, and inherent risk of litigation, as well as the related disruption to its business. The Plaintiffs and their attorneys assert that the proposed Settlement is in the best interests of the Class because it provides an appropriate recovery now while avoiding the risk, expense, and delay of pursuing a lawsuit through trial and any appeals. There would be no guarantee of success for either side if the lawsuit were pursued through trial and any appeals.
You are a part of the Settlement Class if you are a California citizen who purchased the Neurobrands Products listed below for household or personal use and not for resale, from January 1, 2012 to October 15, 2020 (the "Class Period"):
· NeuroSONIC Superfruit Infusion
· NeuroSONIC Orange Passion;
· NeuroBLISS White Raspberry;
· NeuroBLISS Citrus Berry;
· NeuroBLISS Tropical Lychee;
· NeuroPROTEIN Watermelon Mint;
· NeuroPROTEIN Cherry Vanilla;
· NeuroDAILY Tangerine Citrus; and
· NeuroGASM Passion Fruit.
You are not a part of the Settlement Class if you are Defendant or Defendant's officers, directors, employees, agents and affiliates, or the Court and its staff.
If you are still not sure whether you are included in the Settlement Class, you can find details in the Notice in the Documents section on this website.
Defendant has agreed to use its best efforts to reformulate the Products to remove DL-malic acid as an ingredient. The reformulation efforts include seven months of Product reformulation research and development and testing.
If after using best efforts Defendant determines that one or more of the reformulated Products are not scientifically or commercially feasible, Defendant has agreed to modify its packaging, labeling and advertising for all Products containing dl-malic acid by:
· Adding "(DL-malic acid)" after "malic acid" in the ingredient list of all Products that contain dl-malic acid as an ingredient;
· Replacing the phrase "no artificial colors or flavors" with "no artificial colors" from the labeling and advertising of all Products that contain dl-malic acid as an ingredient;
· Modifying its website to disclose that the Products may also contain synthetic malic acid or other acidulants; and
· Adding an asterisk or similar reference after or adjacent to the "natural flavors" representation on the top front of each Product label, which directs consumers to the statement "*Learn More at [the URL or webpage of the Neurobrands website] containing the disclosure of synthetic malic acid in the Products.
All such labeling modifications are permanent, unless and until Defendant changes its Product formulation to remove all DL-malic acid from the Products.
Attorneys' Fees and Incentive Awards
Defendant has also agreed to pay reasonable attorneys' fees and costs (including the costs to administer this Settlement), and Class Representative incentive awards to the named Plaintiffs. Class Counsel may request attorneys' fees and costs from the Defendant of no more than $750,000, and incentive awards to the named Plaintiffs of $5,000 each. The final amount of attorneys' fees and costs and Class Representative incentive awards will be determined by the Court.
Because the Plaintiffs are seeking only injunctive relief (e.g., reformulation and labeling changes) and because Defendant is only agreeing to injunctive relief, class members cannot opt out of the Settlement. This means that all members of the Settlement Class will be bound by the Settlement if the Court approves it.
You do not have to take any action to receive the benefits of the Settlement. If the Settlement is approved by the Court, you will not be able to seek injunctive and other non-monetary equitable relief against Neurobrands about the subject matter of this lawsuit ever again. The Settlement will not affect your right to seek monetary relief from the Defendant.
The Court has appointed the Law Offices of Ronald A. Marron, APLC as legal counsel for the Settlement Class. The law firm is called Class Counsel. You will not be charged for these lawyers.
Class Counsel has not yet received any payment for prosecuting this lawsuit, nor have they been reimbursed for any out-of-pocket expenses they have incurred. When they ask the Court to approve the Settlement, Class Counsel will also make a motion to the Court to approve and award attorneys' fees and a reimbursement of expenses to Class Counsel, in a total amount of up to $750,000. No matter what the Court decides with regard to the requested attorneys' fees, members of the Settlement Class will never have to pay anything toward the fees or expenses of Class Counsel. Class Counsel will seek final approval of the Settlement on behalf of all members of the Settlement Class. You may hire your own lawyer to represent you in this lawsuit if you wish, but it will be at your own expense.
The Court will hold a hearing to decide whether to approve the Settlement. You have the right to attend or speak at the hearing, but do not have to do so.
If the Court grants final approval of the Settlement and any appeals have been exhausted, the Released Parties (as defined in the Settlement Agreement), including Neurobrands, will be released from any and all claims for injunctive relief, other similar equitable relief, or any relief available under Federal Rule of Civil Procedure 23(b)(2) (which does not include any potential claims for monetary damages of any kind), whether known or known, existing, suspected, or unsuspected, that were or reasonably could have been asserted based on the factual allegations in this Litigation. The released claims expressly do not include any personal injury claims regarding the Products.
Each Settlement Class Member shall also be deemed to have waived and relinquished, to the fullest extent permitted by law, the provisions, rights and benefits of California Civil Code section 1542 (and equivalent, comparable, or analogous provisions of the laws of the United States or any state or territory thereof, or of the common law). Section 1542 provides:
"A general release does not extend to claims which the creditor does not know
or suspect to exist in his or her favor at the time of executing the release, which
if known by him or her must have materially affected his or her settlement
with the debtor."
If the Court does not approve the Settlement, this lawsuit will proceed as if no settlement had been attempted.
The Notice is only intended to provide a summary of the proposed settlement. You may obtain the complete text of the Settlement Agreement at www.NeurobrandsClassAction.com, by contacting the Settlement Administrator (at the address listed below), by contacting class counsel (see section above, "Contacting Class Counsel"), by accessing the Court docket in this case, for a fee, through the Court's Public Access to Court Electronic Records (PACER) system at https://ecf. cand.uscourts.gov, or by visiting the office of the Clerk of the Court for the United States District Court for the Northern District of California, Oakland Division, 1301 Clay Street, Oakland, CA 94612 between 9:00 a.m. and 4:00 p.m., Monday through Friday, excluding Court holidays.
You will find the Plaintiffs' operative Complaint, the Settlement Agreement, Plaintiffs' Motion for Preliminary Approval of Class Action Settlement, and other important documents in the case in the Documents section on this website.
You may also contact the Settlement Administrator by email at: [email protected].
PLEASE DO NOT TELEPHONE THE COURT OR THE COURT CLERK'S OFFICE TO INQUIRE ABOUT THIS SETTLEMENT.
This Notice is given with the approval and at the direction of the Court.