San Diego, CA: A proposed settlement has been reached in a consumer fraud class action lawsuit involving Heel, Inc. a manufacturer of homeopathic products. The settlement establishes a fund of $1 million and entitles some purchasers of Heel products to claim a refund of up to $150 for past purchases of Heel products.
The lawsuit claimed that labeling and marketing on homeopathic products manufactured or distributed by defendants Heel, Inc. was false or deceptive. Heel stands by its advertising and denies it did anything wrong. The Court has not decided which side was right. Instead, the parties have decided to settle the case.
On October 30th, 2013, Federal Judge Gonzalo P. Curiel preliminarily approved a settlement resolving a lawsuit between Heel and a class representing consumers of Heel products. A settlement fund of $1 million has been set up to pay claims to eligible class members, attorneys' fees and costs, incentive award to the named plaintiff, and the notice and claims administration costs. Heel is also agreeing to make certain changes to the manner in which it labels and advertises the Products.
Class members, those who purchased any homeopathic product manufactured or distributed by Heel labeled as "homeopathic" between December 21, 2008 and the Opt-Out Date, as designated by the Court in its Preliminary Approval Order, may be eligible for payments under the terms of the settlement and are advised to carefully read the Class Notice as their legal rights may be affected whether they act or not.
Class members with proof of purchase may claim up to $150. Class members without a proof of purchase may claim up to $100. The amount class members actually receive may be higher or lower than the amount they claim depending on the number of claims received. To receive money from the settlement, class members must submit a claim form within ninety calendar days of the date the court enters the final judgment approving the settlement. The deadline is forecast to be no earlier than June 5, 2014. Claims can be filed online at the class website, www.HeelClassActionSettlement.com.
Class members wishing to exclude themselves from the settlement, comment or object to the settlement, must do so by February 5, 2014. Class members who do nothing, do not receive a share of the settlement and are bound by the Court's decision.
Detailed information on the terms of the settlement, how to file a claim, object, or exclude yourself and other important information can be obtained by visiting www.HeelClassActionSettlement.com, calling toll-free 1-877-283-2947.
