United States District Court for the District of Maryland
Case No: 8:20-cv-02186-PX
Attention purchasers of Nutrabolt XTEND® Branch-Chain Amino Acid Powders in the United States from Woodbolt's website and Third Party Sellers such as Amazon between the time period of July 28, 2014 until January 24, 2023.
•Thenotice concerns a lawsuit called Metague v. Woodbolt Distribution, LLC, Civil Action No. 8:20-cv-02186-PX, pending in the United States District Court for the District of Maryland (the “Lawsuit”). The subject of the lawsuit relates to the labeling and advertising of “XTEND®” (“XTEND” or) as “0 calories.”
•A class action Settlement will resolve the lawsuit by Plaintiff against Woodbolt Distribution, LLC (“Woodbolt”). The Settlement affects all persons, other than Excluded Persons, who, during the Class Period, purchased in the United States, at least one of the Products (the “Products”), including, but not limited to, the XTEND Products set forth in the Product List.
•The lawsuit alleges that, in its marketing, labeling and advertising, Woodbolt made a series of material representations about the caloric content of XTEND. These include that the XTEND Products (1) were labeled as “0 calories” per serving when they are not “0 calories,” and (2) Woodbolt continued to sell its Products with misleading labels despite knowing the inaccuracy of such statements. Plaintiff alleged that these representations were propagated through various media, including Woodbolt’s website, advertisements, packages, and labels. Plaintiff alleges that this advertising was false and misleading. Woodbolt denies all of Plaintiff’s allegations and maintains that its marketing, advertising, and labelling has been accurate at all times and complies with the regulations governing the labelling of dietary supplements under the Food, Drug and Cosmetic Act.
•To settle the case, Woodbolt agrees to pay $3,000,000.00 into a Settlement Fund. Each member of the class who submits a Valid Claim Form will receive $0.50 for each purchase of an XTEND Product. Your total recovery will be limited to $50.00 per household with Proof of Purchase. Without XTEND Proof of Purchase, the maximum recovery is $25.00 per household. If there are not enough settlement funds to pay all Valid Claims and expenses, the amounts will be proportionately reduced on a pro rata basis. Any leftover funds after payment of attorneys’ fees, payments to the class representative, class notice and administration expenses, and payment of Valid Claims, will be used to proportionately increase the recovery on a pro rata basis of each eligible claim. To obtain benefits from the Settlement, you must complete and file a Claim Form.
•The Settlement Class lawyers will ask the Court for an Attorneys’ Fee and Expense award of up to one-third of $3,000,000.00 in cash. The Attorneys’ Fees and Expense award is compensation for investigating the facts, litigating the case, and negotiating the Settlement. They also will ask for $7,500.00 in cash to be awarded to Plaintiff Daniel Metague for prosecuting this lawsuit. This payment is called a “Service Award.”
•Your legal rights are affected whether you act or don’t act. Read the notice carefully.
The notice contains a summary of the proposed Settlement. For the precise terms and conditions of the Settlement, please see the Settlement Agreement or contact the Settlement Administrator at Metague v. Woodbolt, c/o Kroll Settlement Administration LLC, P.O. Box 5324, New York, NY 10150-5324 and 1-833-709-0897.
Please do not contact the Court or the Clerk’s Office to inquire about this Settlement or the Claims process.
YOUR RIGHTS AND OPTIONS IN THIS SETTLEMENT
DEADLINE
Submit a Claim Form
You
can receive a cash payment. You must submit a Claim Form to receive these
benefits.
April 24, 2023
Opt-out
Get
out of the Lawsuit and the Settlement. This is the only option that allows
you to ever bring or join another lawsuit raising the same legal claims
against Woodbolt. You will receive no cash payment under this Settlement.
April 24, 2023
File Objection
Write
to the Court about any aspect of the Settlement you do not like, or you do not
think is fair, adequate, or reasonable. (If you object to any aspect of the
Settlement, you must submit a written objection and that objection must be
received by the Objection Deadline. Your objection must follow all the
procedures stated in the body of the notice under “How Do I Object to the
Settlement?”)
April 24, 2023
Go to a Hearing
Speak in court about the Settlement. (If
you object to any aspect of the Settlement, you must submit a written objection by the Objection Deadline. If you
opt-out of the Settlement, you cannot object.)
May 31, 2023 at 9:00 a.m.
Do Nothing
You will receive no payment and have no
right to sue later. Any leftover money will be used for other people who make
Valid Claims.
This website is authorized by the Court, supervised by counsel and controlled by Kroll Settlement Administration LLC, the Settlement Administrator approved by the Court. This is the only authorized website for this case.
Click here to safely and securely submit a Claim Form.
Important Dates
Exclusion Deadline
Monday, April 24, 2023
You must complete and mail your Request for Exclusion so that it is received no later than April 24, 2023.
Objection Deadline
Monday, April 24, 2023
You must mail your objection(s) and/or notice of intent to appear at the Final Approval Hearing so that it/they are received no later than April 24, 2023.
Claim Form Deadline
Monday, April 24, 2023
Claim Forms must be submitted online or postmarked by 11:59 p.m. Pacific Time on April 24, 2023.
Final Approval Hearing Date
Wednesday, May 31, 2023
The Final Approval Hearing is scheduled for May 31, 2023. Please check this website for updates.
