IMPORTANT UPDATE: The Court has granted final approval of the Settlement. Checks for eligible Class Members who filed timely claims and elected to receive reimbursement for ExtenZe purchased for personal consumption were distributed on December 16, 2011.
Overview
A proposed settlement has been reached in a lawsuit involving the manufacturer of ExtenZe. The Court in charge of the case is the Superior Court for the State of California, County of Los Angeles. The case is known as Williams, et al. v. Biotab Nutraceuticals, Inc., et al., Case No. BC414808. The Court has certified a Class consisting of all persons who purchased ExtenZe in the United States between May 29, 2005 and October 25, 2010.
What does the Settlement Provide?
If the Settlement is approved, a cash fund of $6,000,000 and a product component of ExtenZe Racing merchandise valued at $6,000,000 ("Claim Fund") will be set up to pay valid claims submitted by Settlement Class Members, the cost of class notice and claims administration, and the attorneys' fees and costs of Class Counsel. Settlement Class Members who made a valid claim will be entitled to, at the Settlement Class Member's election, either a cash refund OR a retail package of ExtenZe NASCAR Racing merchandise.
Class Members who selected the retail package could choose the "ExtenZe Mens Retail Package", valued at $149.95, or the "ExtenZe His and Hers Retail Package", valued at $176.94. Alternatively, Settlement Class Members who elected to receive a cash refund will get a percentage refund on the previously purchased product.
In addition to the benefits described above, the Defendants have also agreed to other relief and certain future conduct. The Defendants have agreed not to make certain statements in product labeling, advertising and promotional materials, including that ExtenZe can increase penis size. Further, Defendants have agreed to other relief regarding their future conduct described more fully here.
Class Member Options
- SUBMIT A CLAIM FORM: The deadline to submit a Claim Form was April 15, 2011.
- EXCLUDE YOURSELF: The deadline to exclude yourself from the Settlement was January 11, 2011.
- OBJECT OR COMMENT: The deadline to object to the Settlement was January 11, 2011.
For further details on Class Member options, please consult the Notice or Frequently Asked Questions on this website.
Settlement Hearing
The Court held a Final Approval Hearing at 8:45 a.m. on March 30, 2011 in Department 28 of the Stanley Mosk Courthouse, 111 North Hill Street, Los Angeles, CA 90012 to determine whether to grant final approval of the Settlement and to certify the Settlement Class, to consider any timely objections to this Settlement and the Parties' responses to such objections, to rule on a Fee and Cost Application for attorneys' fees and expenses, and rule on any applications for incentive awards. After the hearing, the Court will decide whether to grant final approval of the settlement. We do not know how long these decisions will take.
