If you purchased Joint Juice in New York between December 5, 2013 and December 28, 2021, you are part of the Class. The notice explains that the Court has allowed, or “certified,” a class action lawsuit that may affect you. You have legal rights and options you may exercise before the Court holds a trial. The Court has scheduled the trial to begin on May 23, 2022. The trial is to decide whether the allegations being made against Premier Nutrition, on your behalf, are correct. Trial will be held in the United States District Court for the Northern District of California. The lawsuit is known as Fishon v. Premier Nutrition Corporation, Case No. 3:16-cv-06980-RS.

This lawsuit is about whether Premier Nutrition engaged in deceptive or unfair conduct in violation of New York consumer protection laws by advertising that its glucosamine and chondroitin supplement Joint Juice provides joint health benefits that it does not actually provide. Premier Nutrition denies these claims and asserts that its Joint Juice products provide the advertised joint health benefits.

In a class action lawsuit, one or more people called “Class Representatives” sue on behalf of other people who have similar claims. The people together are a “Class” or “Class Members.” The people who sue – and all the Class Members like them – are called the “Plaintiffs.” The company the Plaintiff sued (in this case Premier Nutrition) is called the “Defendant.” One court resolves the issues for everyone in the Class.

The Court decided that this lawsuit can be a class action and move towards a trial because it meets the standards for class certification. Specifically, the Court found that:

• The Class is ascertainable;
• There are factual and legal questions that are common to each of the members of the Class;
• The Class Representative’s claims are typical of the claims of the rest of the Class;
• The Class Representative and the lawyers representing the Class will fairly and adequately represent the Class’ interests;
• The common legal questions and facts predominate over questions that affect only individuals; and
• This class action will be more efficient than having many individual lawsuits.

In the lawsuit, the Plaintiff says that Premier Nutrition’s joint health advertising claim for Joint Juice is false and deceptive, and, for that reason, Premier Nutrition has violated New York’s consumer protection laws prohibiting deceptive acts or practices and false advertising. Plaintiff claims that because of the false advertising Premier Nutrition was able to charge for a product that did not provide the advertised health benefits. You can read the Plaintiff’s Class Action Complaint and the Order Granting Plaintiff’s Motion for Class Certification on the Important Documents page.

Premier Nutrition responds that its joint health claims about Joint Juice are all true and supported by scientific evidence.

The Court has not decided whether the Plaintiff or Premier Nutrition is correct. By establishing the Class and issuing this Notice, the Court is not suggesting that the Plaintiff will win or lose this case. The Plaintiff must prove his claims at trial.

Plaintiff is asking that Premier Nutrition provide monetary compensation to each Class Member, that Premier Nutrition change its advertising to make it truthful, and that Premier Nutrition undertake a corrective advertising campaign. Plaintiff will also seek attorneys’ fees and costs incurred in connection with the prosecution of this action.

No money or benefits are available now because the Court has not yet decided whether Premier Nutrition did anything wrong or whether consumers are entitled to money or other benefits. There is no guarantee that money or benefits ever will be obtained. If they are, you will be notified about how to seek money or other benefits from the lawsuit.

All consumers who purchased Joint Juice for personal use in New York from December 5, 2013 to December 28, 2021, are Class Members.

If you did not purchase Joint Juice in New York within the listed time period, then you are NOT a Class Member. You are also not a Class Member if you purchased Joint Juice for the purpose of reselling it.

If you are still not sure whether you are included, you can get free help at www.bholaw.com or on this website, or by calling or writing to the lawyers in this case, at the phone number or address listed in Question 22.

You don’t have to do anything now if you want to keep the possibility of getting money or benefits from this lawsuit. By doing nothing, you are staying in the Class. If you stay in and the Plaintiff wins, you will be notified about how to seek money or other benefits from the lawsuit. Keep in mind that if you do nothing now, regardless of whether the Plaintiff wins or loses the trial, you will not be able to sue, or continue to sue, Premier Nutrition as part of any other lawsuit about the same legal claims that are the subject of this lawsuit. You will also be legally bound by all of the Orders the Court issues and judgments the Court makes in this class action.

If you already have your own lawsuit against Premier Nutrition regarding Joint Juice and want to continue with it, you needed to ask to be excluded from the Class. Or, you may not agree with the allegations raised by the Plaintiff and do not wish to be part of this lawsuit. The deadline to exclude yourself from the Class was March 14, 2022 and has passed. If you excluded yourself from the Class – which also means to remove yourself from the Class and is sometimes called “opting-out” of the Class – you will not get any money or benefits from this lawsuit even if the Plaintiff obtains them as a result of the trial. However, you may then be able to sue or continue to sue Premier Nutrition regarding Joint Juice. If you excluded yourself, you will not be legally bound by the Court’s judgments in this class action.

If you start your own lawsuit against Premier Nutrition regarding Joint Juice after you excluded yourself, you will have to hire and pay your own lawyer for that lawsuit, and you will have to prove your claims.

The deadline to exclude yourself from the Class was March 14, 2022 and has passed.

The Court decided that Timothy G. Blood and Thomas J. O’Reardon II of the law firm of Blood Hurst & O’Reardon, LLP are qualified to represent all Class Members as Class Counsel. Timothy Blood, Thomas O’Reardon and Blood Hurst & O’Reardon, LLP are experienced in handling similar class action cases. More information about Blood Hurst & O’Reardon, LLP, Timothy Blood and Thomas O’Reardon is available at www.bholaw.com.

If you decide not to exclude yourself from the Class, you do not need to hire your own lawyer because Class Counsel is working on your behalf. If you want to hire your own lawyer, you can ask him or her to appear in Court for you if you want someone other than Class Counsel to speak for you.

If Class Counsel gets money or benefits for the Class, they may ask the Court for fees and expenses. You will not have to pay these fees and expenses. If the Court grants Class Counsels’ request, the fees and expenses would be either deducted from any money obtained for the Class or paid separately by Premier Nutrition.

Class Counsel will have to prove the Plaintiff’s allegations at a trial. The date for trial is May 23, 2022. The date may change without further notice to the Class. You should check this website or the Court’s PACER site to confirm that the date has not been changed. Trial will go forward in the United States District Court, Northern District of California, in the Philip Burton Federal Building, 450 Golden Gate Ave., San Francisco, CA 94102, Courtroom 3 – 17th Floor. During the trial, a Jury and the Judge will hear all of the evidence to help them reach a decision about whether Plaintiff or Premier Nutrition is right about the allegations in the lawsuit. There is no guarantee that Plaintiff will win, or that he will get any money for all or some members of the Class.

You do not need to attend the trial. Class Counsel will present the case for the Plaintiff, and lawyers for Premier Nutrition will present on the company’s behalf. You or your own lawyer is welcome to attend at your own expense.

If Plaintiff obtains money or benefits as a result of the lawsuit, you will be notified about how to participate. We do not know how long this will take.

Visit the Important Documents page, where you will find the Court’s Order on the Plaintiff’s Motion for Class Certification, and the Complaint. You may also speak to someone about the case by calling (619) 338-1100, or by writing to: Fishon v. Premier Nutrition Corporation, c/o JND Legal Administration, P.O. Box 91440, Seattle, WA 98111.

The pleadings and other records in this litigation may be examined online through the Court’s Public Access to Court Electronic Records (PACER) system at https://ecf.cand.uscourts.gov, or by visiting the office of the Clerk of the Court for the United States District Court for the Northern District of California, 450 Golden Gate Ave., San Francisco, CA 94102, between 9:00 a.m. and 1:00 p.m., Monday through Friday, excluding Court holidays.

PLEASE DO NOT CALL OR WRITE THE COURT FOR INFORMATION OR ADVICE.