Smith et al., v. Atkins Nutritionals, Inc.

United States District Court, Western District of Missouri, 2:18-CV-04004-MDH

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**UPDATE** Settlement payments were issued and mailed on September 1, 2020 to class members who submitted valid and timely claims to the Settlement Administrator. If you submitted a timely and valid claim elected for direct deposit, an email was sent to the email address on file on September 1, 2020 with instructions on how to obtain your settlement payment. The deadline to redeem your Settlement payment is November 1, 2020.

If you purchased Atkins Nutritionals Products, a proposed class action settlement may affect your rights. 

WHAT ARE THE LAWSUITs ABOUT?

The Court in charge of this proposed settlement is the United States District Court for the Western District of Missouri where the Smith v. Atkins Nutritionals, Inc. (the “Smith Case”) is pending. There are two other class actions (the Colella v. Atkins Nutritionals, Inc. case, pending in the Eastern District of New York, and the Fernandez v. Atkins Nutritionals case, pending in the Southern District of California), and the claims asserted in both of those cases are also part of this settlement.

Those cases have been “stayed,” or paused, pending the Western District of Missouri Court’s review of this settlement. The lawsuits allege that Atkins Nutritionals’ representations related to its labeling, marketing, advertising, and sales of its products that contained any sugar alcohol (including but not limited to maltitol) or polyol (including but not limited to glycerin) were unfair, deceptive, and/or unlawful because, according to the plaintiffs, Atkins Nutritionals’ statement that sugar alcohols have a minimal impact on blood sugar is not accurate. 

Atkins Nutritionals disputes Plaintiffs’ allegations, denies all liability to Plaintiffs and the class, and has asserted numerous defenses to these lawsuits. No court has found that Atkins Nutritionals has violated the law in any way. No court has found that Plaintiffs could recover any certain amount in this litigation. 

Although the Western District of Missouri Court has authorized notice to be given of the proposed settlement, the Notice does not express the opinion of the Court on the merits of the claims or defenses asserted by either side of the lawsuits. 

WHY IS THERE A SETTLEMENT?

The Court did not decide in favor of Plaintiffs or Atkins Nutritionals. Instead, both sides agreed to a settlement. That way, they avoid the cost and risks of a trial, the people affected will get injunctive relief, and eligible customers will receive compensation. The Class Representatives and their attorneys think the settlement is best for everyone. 

HOW DO I KNOW IF I AM A PART OF THE SETTLEMENT?

You are a part of the settlement if you purchased Atkins products that contained any sugar alcohol (including but not limited to maltitol) or polyol (including but not limited to glycerin) during the Purchase Period. The Purchase Period is from January 1, 2013 to the present for purchases in New York, Missouri and/or California, and from January 1, 2014 to the present for purchases in any other state. 

If you are uncertain about whether you are a member of the class after reviewing the Notice and the other information on this website, you may contact the Settlement Administrator at (888) 531-0208 or Class Counsel at (816) 945-7110 (Williams Dirks Dameron LLC) to find out more information.

WHAT DOES THE SETTLEMENT PROVIDE?

The settlement provides several benefits. Atkins has agreed to:  (1) change its labels to remove the allegedly incorrect statements about the impact of sugar alcohols and polyols on blood sugar, (2) discontinue several products containing sugar alcohols, (3) reformulate several products to reduce or eliminate maltitol, (4) create a settlement fund for payments to class members who purchased certain products during the applicable time period and who submit a valid claim form, and (5) potentially make a donation to the American Diabetes Association. The first three benefits (relabeling, discontinuance, and reformulation) are sometimes referred to as “injunctive relief.”  The fourth benefit is sometimes referred to as monetary or cash compensation.  The fifth benefit is sometimes referred to as “cy pres” relief.  These benefits are discussed in more detail below, and in the settlement agreement posted on this website which can be accessed here.

First, Atkins has agreed to remove the statement that sugar alcohols “minimally impact blood sugar” from all of its products that contain any sugar alcohol (including but not limited to maltitol) or polyol (including but not limited to glycerin).  

Second, Atkins has discontinued, or has agreed to discontinue within the next two (2) years, the following twelve (12) products containing sugar alcohols: Dark Chocolate Almond Delight Snack Bar; Dark Chocolate Decadence Bar; Classic Trail Mix; Marshmallow Mudslide Bar; Cinnamon Bun Meal Bar; Strawberry Almond Meal Bar; Chocolate Oatmeal Fiber Bar; Chocolate Hazelnut Snack; Sweet and Salty Trail Mix; Coconut Almond Delight; Dark Chocolate Almond Coconut Crunch; and Cashew Trail Mix.  

Third, Atkins has discontinued, or has agreed to discontinue within the next two (2) years, the use of maltitol, a particular sugar alcohol, in the following nine (9) products: Chocolate Chip Granola Meal Bar; Chocolate Peanut Butter Meal Bar; Peanut Butter Granola Meal Bar; Blueberry Greek Yogurt Bar; Chocolate Peanut Butter Pretzel; Triple Chocolate Snack Bar; Caramel Double Chocolate Crunch Snack Bar; Chocolate Chip Crisp Snack Bar; and Cranberry Almond Snack Bar.  Atkins Nutritionals also has agreed to endeavor in good faith to discontinue or reduce the amount of maltitol, within the next two (2) years in the following two (2) products:  Caramel Nut Roll Snack Bar and Caramel Chocolate Peanut Nougat Snack Bar.

The costs to Atkins of relabeling, discontinuance, and reformulation are at least $3 million.  The value of that injunctive relief is more than that.  

Fourth, the settlement creates a settlement fund for cash awards to be paid to each member of the class who purchased one or more of the following Atkins products during the applicable time period and submits a valid claim form: Chocolate Covered Candies, Chocolate Peanut Candies, Milk Chocolate Caramel Squares, Peanut Butter Cups, and Chocolate Caramel Mousse bars (the “More Than 10 Grams Of Maltitol Products”). The cash settlement fund from which monetary or cash compensation may be paid is $3.8 million. If the total amount of cash awards is less than $500,000, then Atkins Nutritionals will pay the difference up to $500,000 to the American Diabetes Association as the charitable, cy pres recipient.

The Settlement Administrator will make payments to eligible class members from the settlement fund as follows:

The following chart summarizes the claim and payment process

If You Purchased An Atkins Nutritionals Product Containing More Than 10
Grams Of Maltitol:

You Must Submit a Claim Form to Recover Money

Do you have Proof of Purchase (Yes or No)?

Payment

Submit a properly completed claim form

If you do have proof of purchase for your Atkins Nutritionals products:

You will receive up to 25% of the average national purchase price for each More Than 10 Grams Of Maltitol Product that you purchased.

There will be no individual cap or limit on the amount of recovery for these purchases.

If you do not have proof of purchase for your Atkins Nutritionals products:

You will receive up to 10% of the average national purchase price for each More Than 10 Grams Of Maltitol Product that you purchased.

Your recovery will be limited to $100 for these purchases.

YOUR LEGAL RIGHTS AND OPTIONS

SUBMIT A CLAIM
by April 27, 2020

The only way to get a payment if you are eligible for one. 

Click here to file a claim.

ASK to be excluded
by April 27, 2020

If you do not want to be included in the case and the settlement, you must ex-clude yourself. This is called “opting out.” This is the only option that allows you to sue Atkins Nutritionals for the issues resolved by this proposed settlement. If you “opt out,” you will not be able to submit a claim.

OBJECT
BY APRIL 27, 2020

You may write to the Court about why you don’t like the proposed settlement. 

FILE A NOTICE OF INTENTION TO APPEAR AT THE FINAL HEARING BY APRIL 27, 2020 

You may ask to speak to the Court about the fairness of the proposed settlement by filing a Notice of Intention to Appear At the Final Hearing. The Final Hearing will be held on June 25, 2020 at 11:00 A.M. Central Time in Courtroom 4B at U.S. District Court for the Western District of Missouri, 80 Lafayette Street, Jefferson City, Missouri 65101.

DO NOTHING

Get no payment. Release claims against Atkins Nutritionals.

CPT GROUP, Inc.

50 Corporate Park, Irvine, CA 92606

Email: ANIClassSettlement@cptgroup.com

CONTACT INFORMATION

Toll-Free Class Member Support:
1 (888) 531-0208

Copyright 2018 CPT Group, Inc. All Rights Reserved.