Salt Lake City, UT: A nationwide notice program authorized by the United States District Court for the District of Utah has began in order to issue notices to purchasers of the weight-loss supplement Akavar 20/50 ("Akavar"). The notices are a result of the Court establishing or "certifying," in September, 2010, a class action lawsuit about whether the manufacturer's advertising and marketing of Akavar is fraudulent, deceptive and misleading.
The lawsuit is called Miller v. Basic Research, LLC, et al., Case No. 2:07-CV-871. The Court decided that the Class includes any person who purchased Akavar after seeing or hearing the marketing slogan "Eat all you want and still lose weight."
The lawsuit alleges that Akavar has not undergone "scientific evaluation" by a "team of doctors," has not been tested in controlled random clinical trials and that there is no scientific evidence that users of Akavar can "Eat all you want and still lose weight." The lawsuit seeks money and other benefits for the Class. Defendants deny the claims and allegations in the lawsuit. The Court has not decided whether plaintiffs or defendants are right. The lawyers for the Class will have to prove their claims at a trial set to begin on September 10, 2012.
Those who wish to remain members of the Class don't have to do anything at this time and will be informed about any claims process that results from the trial or any proposed settlement. Class Members will be bound by all orders and judgments of the Court.
Class Members may exclude themselves from the Class. The exclusion deadline is August 15, 2011. Class Members who exclude themselves from the Class cannot participate in any recovery for the Class, and will not be bound by any court orders or judgments in this case.