Ginkgold Settlement
Falsely advertised food supplements – breach of express warranty?
Have you ever come across a food supplement that advertised specific claims? Did you care if those claims had any scientific basis while purchasing them? Or did you just assume that the claims were all true! May be you asked yourself if the pill could really do what it claimed it would?
Well, you are not alone.
California lawsuit against a food supplement company
A lady in California by the name of Kathleen Sonner wondered whether the claims of Ginkgold Advanced Ginkgo Extract and Ginkgold Max Advanced Ginkgo Extract Max were true. Sonner looked for scientific research studies to prove that indeed, Ginko Biloba extract could improve mental and cognitive functions as Schwabe and Nature’s Way advertised. Sonner didn’t find any evidence supporting that claim.
On July 7, 2015, Sonner filed a complaint against Schwabe and Nature’s Way for false or misleading advertisement on their Ginkgold Advanced Ginkgo Extract and Ginkgold Max Advanced Ginkgo Extract Max. Sonner filed for herself as well as other persons who may have purchased those food supplements like her.
Allegations against the manufacturer
Sonner alleged that Schwabe and Nature’s Way products were falsely labeled as capable of improving cognitive functions when there was no scientific support for this claim. She alleged that their advertisements violated California’s UCL and CLRA and breach of express warranty laws.
An express warranty occurs when a manufacturer advertises that a product can do something. The manufacturer makes an express warranty or promise that its products will do exactly as advertised. The manufacturer cannot make claims without any scientific evidence or it is considered a false advertising. And when its products fail to do exactly as the manufacturer advertised them, the manufacturer breached an express warranty.
Manufacturer presented scientific evidence
Both Sonner and Schwabe/Nature’s Way produced scientific testimony on their claims. Sonner’s expert stated that all the scientific studies presented by the defendants do not provide any evidence that Schwabe/Nature’s Way gingko products were any better than a placebo.
District court dismissed false advertising suit
The California District Court dismissed the class suit by Sonner on a summary judgment stating that when both sides have produced expert testimony and scientific research to support their claims, Sonner must then challenge the methodology, structure or independence of the studies produced by Schwabe. And Sonner, according to the district court, failed to do that.
Appeals Court reversed District Court‘s decision
Sonner appealed. She presented expert testimony and other scientific data proving that the nutritional supplement did not do any better than a placebo in increasing mental sharpness, memory and concentration in those who took it. The appellate court held that contrary to the decision of the District Court, Sonner was able to prove that there existed a genuine issue of fact that should be tried.
The Appeals Court said that the District Court put too great a burden on Sonner. The District Court, in effect, required Sonner not only to produce evidence of her claims but also to disprove the claims of Schwabe/Nature’s Way. The case was remanded to the district court and for trial because the issue of whether Schwabe/Nature’s Way gingko products did produce mental sharpness as advertised – that is a genuine issue of fact that must be tried.
Here’s the opinion of the Court of Appeals in: Kathleen Sonner v. Schwabe North America, Inc. Nature’s Way Products, LLC D.C. No. 5:15-cv-01358-VAP-SP
Proposed settlement by food supplement manufacturer
Without admitting any wrongdoing, Schwabe/Nature’s Way have proposed a $3.4 Million settlement.
Are you entitled to make a claim?
You are entitled to make a claim:
– If you purchased Ginkgold Advanced Ginkgo Extract and Ginkgold Max Advanced Ginkgo Extract Max, for personal use, between July 7, 2011 and October 1, 2020 – anywhere in California.
– Or, if you purchased Ginkgold Advanced Ginkgo Extract and Ginkgold Max Advanced Ginkgo Extract Max between January 1, 2016 until October 1, 2020 – anywhere else in the US.
What is the proposed settlement benefit?
You are entitled to be reimbursed for the retail price you paid – between $18 – $33 depending on the version of each product you purchased.
If you claim to have purchased more than three products, you would be required to product the relevant proof for the same.
How can you make a claim?
You must file or submit your claim before February 24, 2021. You can submit online through the official settlement website. You must fill up the claim form on the settlement website. You can also download and print out the settlement form and send it in through mail. The claim must be postmarked by February 24, 2021.
Where can you get more information about this?
If you want more information, you may call a toll-free number
1-833-900-1646.
You can also mail the Settlement Administrator at this address:
Ginkgold Settlement
c/o JND Legal Administration
P.O. Box 91231
Seattle, WA 98111
Thousands of food supplements out there
There are thousands of food supplements advertised and sold out there. Ordinary consumers like you may not know if the advertised claims are backed by scientific evidence or if they are false claims.
How would you know, right?
Participate in an investigation
Well, one way you can know is if you investigate. You can join legal teams that are investigating the claims of various food supplements to see if there really is any scientific support for their claims.
Be a part of our investigations.
Who knows, if the food supplements you have purchased have made false claims too. And in case they have, the manufacturer could be held accountable for those false advertisement.
By doing this, you can help get such products with false advertising removed from the market. Saving the public from buying starch tablets disguised as food supplements. This will open the market to truly medicinal and therapeutic medications and supplements. You can help this investigation and help protect yourself and other consumers like yourself.
