Walgreen, Wal-Mart Settle Glucosamine Supplement Class Action

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Walgreen Co., Wal-Mart Stores Inc. and Perrigo Company of South Carolina Inc. have agreed to settle a class action lawsuit over alleged misrepresentations regarding glucosamine-based joint health dietary supplements manufactured by Perrigo.

On Monday, plaintiffs Rosemary Quinn and Alan Ducorsky filed a motion seeking preliminary approval of the glucosamine supplement class action settlement and certification of the proposed class. Under the terms of the proposed class action settlement, Class Members who purchased glucosamine chondroitin products manufactured by Perrigo would be eligible for a partial refund.

According to the class action lawsuit, Walgreen, Wal-Mart and Perrigo made misleading representations regarding the glucosamine supplements, including statements that the products “help rebuild cartilage,” “lubricate joints” and “help provide joint comfort.” The plaintiffs argued that these statements are deceptive because it is not biologically possible to rebuild lost or damaged cartilage.

In their class action lawsuit, the plaintiffs pointed to clinical studies that found no causative relationship between the active ingredients in the glucosamine products (glucosamine hydrochloride and chondroitin sulfate) and improved joint function. They allege that they would not have purchased the products if they had known they were ineffective.

The plaintiffs initially filed the glucosamine supplement class action lawsuit in 2012, asserting claims for violations of New York business law, breach of express warranty and unjust enrichment. The defendants sought to dismiss the class action lawsuit, but the court denied the motion in August 2013. However, the court did dismiss the plaintiffs’ breach of warranty claim.

The defendants deny the allegations and contend that the representations about the benefits of their joint health products are supported by numerous studies that demonstrate the efficacy of glucosamine and chondroitin.

Class Members of the proposed class action settlement include all U.S. residents who purchased a covered glucosamine product for personal use since Nov. 1, 2005. Under the terms of the glucosamine joint health settlement, Class Members who submit timely and valid Claim Forms, including acceptable proof of purchase, will be eligible to receive $15 for each product purchased, with no cap on the number of claims they can make. Class Members without proof of purchase may make claims for up to four purchases of the covered products and will receive $3 per covered glucosamine product purchased.

The class action settlement terms also require Perrigo to make significant changes to its labels on its glucosamine supplements. Specifically, the supplement manufacturer must remove all claims that the products “rebuild,” “renew,” “regrow,” “grow,” “add,” or “regenerate” cartilage for a period of 24 months.

The plaintiffs stress that the proposed class action settlement will provide benefits to existing and future customers of the glucosamine supplements. “Existing customers can get some of their money back,” their motion states. “Existing and future customers will benefit from what Plaintiffs believe to be more truthful information on the packaging and labeling. These are real and tangible benefits to millions of consumers in the United States.”

There are currently several similar class action lawsuits that have been stayed pending a ruling on the preliminary approval of this glucosamine supplement settlement motion. If approved, this glucosamine settlement will resolve all of the pending class action lawsuits.

Further information about the glucosamine supplement class action settlement was not immediately available. Keep checking TopClassActions.com or sign up for our free newsletter for the latest updates. You can also mark this article as a “Favorite” using your free Top Class Actions account to receive notifications when this article is updated.

The plaintiffs are represented by D. Greg Blankinship of Finkelstein Blankinship Frei-Pearson & Garber LLP, Elaine A. Ryan of Bonnett Fairbourn Friedman & Balint PC and Stewart Weltman of Stewart M. Weltman LLC.

The Glucosamine Supplement Class Action Lawsuit is Rosemary Quinn, et al. v. Walgreen Co., Case No. 7:12-cv-08187, in the U.S. District Court for the Southern District of New York.

UPDATE: Instructions on how to file a claim for the Perrigo glucosamine supplement class action settlement are now available! Click here or visit www.PerrigoGlucosamineSettlement.com for details.

UPDATE 2: Settlement checks for the Perrigo glucosamine class action settlement were mailed on Sept. 15, 2015, according to the Settlement Administrator.

UPDATE 3: On Sept. 17, 2015, viewers began reporting that they were receiving checks in the mail from the Perrigo glucosamine settlement. Congratulations to everyone who submitted valid claims and got PAID!