- Why should I read this website?
- What is this lawsuit about?
- Why is the lawsuit a class action?
- Why is there a settlement?
- Am I part of the Settlement?
- What does the Settlement provide?
- What can I get from the Settlement?
- How can I get my Cash Payment?
- When will I receive my Cash Payment?
- What am I giving up to receive these Settlement benefits?
- Do I have lawyers in this case?
- How will the lawyers be paid?
- How do I get out of the Settlement?
- If I exclude myself, can I get anything from this Settlement?
- How do I tell the Court that I don’t like the Settlement?
- What’s the difference between objecting and asking to be excluded?
- When and where will the Court decide whether to approve the Settlement?
- Do I have to attend the Final Approval Hearing?
- May I speak at the Final Approval Hearing?
- What happens if I do nothing at all?
- Are there more details about the Settlement?
- I received an email from EpiqPay. What is the email about and is the email legitimate?
- What is EpiqPay?
- How do a claim my EpiqPay payment?
- When will I receive my digital payment? / Why have I not received my digital payment?
- After choosing my preferred payment options, will I receive my payment instantly / immediately?
- How do I get more information?
Why should I read this website?
If you purchased Schiff Move Free® Advanced, Schiff Move Free® Advanced Plus MSM, or Schiff Move Free® Advanced Plus MSM & Vitamin D (collectively, "Move Free Advanced") in the United States between May 28, 2015 and June 24, 2021, other than solely for purposes of resale, you are a member of a Settlement Class. This website explains the class action lawsuit, the proposed Settlement, your legal rights, what benefits are available, who is eligible for the benefits, and how to get the benefits.
The Court in charge of this case is the United States District Court for the Northern District of California. The lawsuit is known as Yamagata v. Reckitt Benckiser LLC, Case No. 3:17-cv-03529-VC. You may obtain additional updates on the status of the case by contacting Class Counsel (listed in FAQ 11), going to www.BHOLaw.com, or viewing case information through the Court’s system at www.Pacer.UScourts.gov.Back To Top
What is this lawsuit about?
This lawsuit is about whether Defendant engaged in deceptive or unfair conduct in violation of consumer protection laws by advertising Move Free Advanced as providing joint health benefits that it does not actually provide. Defendant denies that it did anything wrong and says that its claims about Move Free Advanced are true and supported by scientific evidence. The Court has not decided who is right.Back To Top
Why is the lawsuit a class action?
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 Plaintiffs sued (in this case Reckitt Benckiser LLC) is called the “Defendant.” One court resolves the issues for everyone in the Class – except for those people who choose to exclude themselves from the Class. U.S. District Judge Vince Chhabria is in charge of this class action.Back To Top
Why is there a settlement?
The Court did not decide in favor of Plaintiffs or Defendant. Instead, both sides agreed to a settlement. By agreeing to settle, both sides avoid the cost and risk of a trial, and people who submit valid claims will get compensation. The Class Representatives and their attorneys believe the Settlement is best for the Settlement Class and its members.Back To Top
Am I part of the Settlement?
You are a Class Member if you purchased between May 28, 2015 and June 24, 2021, within the United States and its territories, Move Free Advanced, Move Free Advanced Plus MSM, or Move Free Advanced Plus MSM & Vitamin D (collectively “Move Free Advanced”), other than solely for purposes of resale.
Excluded from the Settlement are: (i) jurists and mediators who are or have presided over the lawsuit, Plaintiffs’ Counsel and Defendant’s Counsel, their employees, legal representatives, heirs, successors, assigns, or any members of their immediate family; (ii) any government entity; (iii) Reckitt Benckiser and any entity in which Reckitt Benckiser has a controlling interest, any of its subsidiaries, parents, affiliates, and officers, directors, employees, legal representatives, heirs, successors, or assigns, or any members of their immediate family; and (iv) any persons who timely opts-out of the Settlement Class.Back To Top
What does the Settlement provide?
The $50 million Settlement Fund will provide Cash Payments to Class Members who submit valid claims. Class notice and claim administration expenses, Plaintiffs’ Counsel’s attorneys’ fees and expenses and any service awards to the Class Representatives (discussed below) will also be paid out of the Settlement Fund, if approved by the Court. The Settlement distribution process will be administered by an independent Settlement Administrator approved by the Court.Back To Top
What can I get from the Settlement?
The Settlement offers a Cash Payment award of $22 per bottle purchased. This award is based on the $22 average retail price of Move Free Advanced. Award amounts may be increased, up to $66 (or more) per bottle purchased, or decreased depending on the total collective value of the claims made by Class Members and other factors specified in the Settlement Agreement.
Any money remaining in the Settlement Fund after payment of settlement notice and administration, attorneys’ fees and costs, and Class Representative service awards (see FAQ 12) as ordered by the Court, and valid Class Member claims, will be paid pursuant to the cy pres doctrine to the Orthopaedic Research Society.Back To Top
How can I get my Cash Payment?
If you are a Class Member, you must fill out and submit a Claim Form to qualify for a Cash Payment. You can easily file your Claim on this website here. You can also get a Claim Form by downloading a copy here, or request a Claim Form be sent to you by calling the Settlement Administrator at 1-855-435-0524. The completed Claim Form and any documentation must be submitted online by November 8, 2021, or by mail at the address below, postmarked by November 8, 2021.
Move Free Advanced
P.O. Box 5439
Portland, OR 97228-5439
If you request an award for 3 bottles of Move Free Advanced or less, no proof of purchase is necessary.
If you request an award for more than 3 bottles of Move Free Advanced, you must provide proof of purchase for each of those units purchased between May 28, 2015 and June 24, 2021 that you are claiming.
Upon receiving a completed Claim Form, the Settlement Administrator will review the documentation, if applicable, and confirm or deny your eligibility for an award.Back To Top
When will I receive my Cash Payment?
The Court will hold the Final Approval Hearing on October 28, 2021 at 10:00 a.m. (which is subject to change), to decide whether to approve the Settlement. Even if the Court approves the Settlement, there may be appeals. The appeal process can take time, perhaps more than a year. You will not receive your Cash Payment until any appeals are resolved. Please be patient.Back To Top
What am I giving up to receive these Settlement benefits?
Unless you exclude yourself (“opt-out”) from the Settlement Class by timely submitting an Exclusion Request (see FAQ 13 and FAQ 14), you will remain in the Settlement Class. By remaining in the Settlement Class you “release” and can’t sue, continue to sue, or be part of any other lawsuit against Reckitt Benckiser about the “Released Claims” in this case. These Released Claims are only those claims that you could have brought based on the identical factual predicate of those claims brought in this case about the alleged misleading marketing and labeling of Move Free Advanced sold between May 28, 2015 and June 24, 2021.
The Settlement Agreement at Section VIII (titled “Releases”) describes these “Released Claims” and the “Released Parties” in necessary legal terminology, so read these sections carefully. The Settlement Agreement is available here, or in the public court records on file in this lawsuit. For questions regarding the Releases or what they mean, you can also talk to one of the lawyers listed in FAQ 11 for free, or you can, talk to your own lawyer at your own expense.Back To Top
Do I have lawyers in this case?
The Court has appointed attorneys from the law firm Blood Hurst & O’Reardon, LLP, of San Diego, CA, to represent you and the other Class Members. The lawyers are called Class Counsel. They are experienced in handling similar class action cases. You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.
You may contact Class Counsel if you have any questions about the Notice or the Settlement. Please do not contact the Court.Back To Top
How will the lawyers be paid?
Class Counsel will ask the Court for an award of attorneys’ fees up to 25% of the Settlement Fund ($12,500,000) and for reimbursement of expenses of up to $750,000. Any award of attorneys’ fees and costs will be paid from the Settlement Fund. Class Counsel will also ask the Court for service awards to each of the Class Representatives: up to $7,500 for Gordon Noburo Yamagata, Stamatis F. Pelardis and Maureen Carrigan, and up to $500 to Lori Coletti, Ann-Marie Maher, Carol Marshall, Deborah A. Rawls, Oneita Steele, and Maxine Tishman. The purpose of the service awards is to compensate the Plaintiffs for their time, efforts and risks taken on behalf of the Settlement Class. Any service award to the Class Representatives will be paid from the Settlement Fund.Back To Top
How do I get out of the Settlement?
If you don’t want a Cash Payment, but want to keep the right to sue or continue to sue Reckitt Benckiser, on your own, about the legal issues in this case, then you must take steps to exclude yourself from the Settlement (get out of the Settlement). This is called “excluding yourself”—or is sometimes referred to as “opting-out” of the Settlement Class.
To exclude yourself from the Settlement, you must complete a “Request for Exclusion”. Requests for Exclusion can be submitted online via this website, or by mail in the form of a letter, or downloadable preformatted Request for Exclusion Form. Letters must state that you want to be excluded from Yamagata v. Reckitt Benckiser, LLC, Case No. 3:17-cv-03529-VC, and include your name, address, telephone number, and the basis upon which you are a Class Member. Request for Exclusion must be submitted online by October 14, 2021, or by mail at the address below, postmarked by October 14, 2021.
Move Free Advanced
P.O. Box 5439
Portland, OR 97228-5439
If you do not follow these procedures and deadlines, you will remain a Class Member and lose any opportunity to exclude yourself from the Settlement. This means that your rights about the legal issues in this case will be determined in this lawsuit by the Settlement Agreement if it receives final approval from the Court.
Request for Exclusion forms cannot be submitted via phone or email.Back To Top
If I exclude myself, can I get anything from this Settlement?
No. If you exclude yourself, you cannot receive Cash Payments. But, you may sue, continue to sue, or be part of a different lawsuit against Reckitt Benckiser about the legal issues in this case.Back To Top
How do I tell the Court that I don’t like the Settlement?
If you’re a Class Member, you can object to the Settlement if you don’t like any part of it. You can give reasons why you think the Court should not approve it. The Court will consider your views. Note: You can’t ask the Court to order a different Settlement; the Court can only approve or reject the Settlement. If the Court denies approval, no Cash Payments will be sent out and the lawsuit will continue. If that is what you want to happen, you must object.
To object, you must send a letter. Be sure to include the following information:
- The case name and number (Yamagata v. Reckitt Benckiser, LLC, Case Number 3:17-cv-03529-VC);
- Your name, address, telephone number and, if represented by counsel, the name, address, and telephone number of your counsel;
- A statement under oath that you are a Class Member;
- A statement whether you intend to appear at the Final Approval Hearing, either in person or through counsel;
- A statement of all your objections and the specific grounds supporting your objections;
- A statement whether the objection applies only to you, to a specific subset of the Settlement Class, or to the entire Settlement Class;
- Copies of any papers, briefs, or other documents upon which your objection is based; and
- Your handwritten, dated signature (the signature of your counsel, an electronic signature, and the annotation “/s” or similar annotation will not suffice).
Your objection must be submitted to the Court either by mailing (or by filing it at any location of the United States District Court for the Northern District of California) and served on Class Counsel and Defendant’s Counsel so that it is received no later than October 14, 2021, to the following addresses:
Court: Class Counsel: Defense Counsel: Class Action Clerk
United States District Court
Northern District of California
450 Golden Gate Avenue
San Francisco, CA 94201-3489
Timothy G. Blood
Thomas J. O’Reardon II
Blood Hurst & O’Reardon, LLP
501 W. Broadway
San Diego, CA 92101
David T. Biderman
Jasmine W. Wetherell
Perkins Coie LLP
1888 Century Park East
Los Angeles, CA 90067
If you timely file an objection it will be considered by the Court at the Final Approval Hearing. You do not need to attend the Final Approval Hearing for the Court to consider your objection.
The Court will require substantial compliance with these requirements above. If you do not submit a written objection in accordance with the deadline and procedure set forth above, you will waive your right to be heard at the Final Approval Hearing. However, the Court may excuse your failure to file a written objection upon a showing of good cause, which, if granted, would permit you to still appear at the Final Approval Hearing and object to the Settlement.Back To Top
What’s the difference between objecting and asking to be excluded?
Objecting is simply telling the Court that you don’t like something about the Settlement. You can object only if you stay in the Settlement Class. Excluding yourself is telling the Court that you don’t want to be part of the Settlement Class. If you exclude yourself, you have no basis to object because you are no longer part of the case.Back To Top
When and where will the Court decide whether to approve the Settlement?
The Court will hold a Final Approval Hearing at 10:00 a.m. on October 28, 2021, at the United States District Court for the Northern District of California, 450 Golden Gate Avenue, San Francisco, CA 94102, in Courtroom 4 – 17th Floor.
At the hearing, the Court will hear any comments, objections, and arguments concerning the fairness of the proposed Settlement, including the amount requested by Class Counsel for attorneys’ fees and expenses. If there are objections, the Court will consider them. You do not need to attend this hearing. You also do not need to attend to have a comment or objection considered by the Court. After the hearing, the Court will decide whether to approve the Settlement. We do not know how long these decisions will take.
Please Note: The date and time of the Final Approval Hearing are subject to change by Court Order. Any change will be posted on this website. You should check this website or the Court’s PACER website to confirm that the date and/or time have not changed.Back To Top
Do I have to attend the Final Approval Hearing?
No. Class Counsel will answer all questions Judge Chhabria may have. But, you are welcome to attend the hearing at your own expense. If you submit an objection, you do not have to attend the hearing to talk about your objection. As long as you filed your written objection by the deadline, the Judge will consider it. You may also pay your own lawyer to attend, but it is not necessary.Back To Top
May I speak at the Final Approval Hearing?
As long as you do not exclude yourself, you can (but do not have to) participate and speak for yourself in this lawsuit and Settlement. This is called making an appearance. You also can have your own lawyer speak for you, but you will have to pay for the lawyer yourself.
If you want to appear, or if you want your own lawyer instead of Class Counsel to speak for you in this lawsuit, you must send a letter saying that it is your “Notice of Intention to Appear in Yamagata v. Reckitt Benckiser, LLC.” Be sure to include your name, address, telephone number, and your signature. Your Notice of Intention to Appear must be postmarked by October 21, 2021, and be sent to the Clerk of Court at the address listed in FAQ 15.
If you want to speak at the Final Approval Hearing without having followed these procedures, you may do so if you demonstrate good cause to the Court.Back To Top
What happens if I do nothing at all?
If you do nothing, you’ll be part of the Settlement Class, but get no Cash Payment from the Settlement. Unless you exclude yourself, you will not be permitted to continue to assert Released Claims in any other lawsuit against Reckitt Benckiser about the legal issues in this case, ever again.Back To Top
- Are there more details about the Settlement? Back To Top
I received an email from EpiqPay. What is the email about and is the email legitimate?
If you received an email from firstname.lastname@example.org, it is because you were determined to be eligible for a payment in a class action settlement. By default, individuals eligible for payments will receive a warmup email a few days before they receive an email containing a link to claim their payment. This is normal. If you claim a payment, you will also receive one or more follow up emails from our payment partner, Tremendous, confirming where in the process your payment is. If you do not immediately claim your payment, you may also receive one or more reminder emails.Back To Top
What is EpiqPay?
EpiqPay is the official digital payment platform for Epiq Class Action and Claims Solutions. EpiqPay offers individuals who are eligible to receive payments in mass actions an easy, convenient, fast, and secure way to claim their payments. General information about EpiqPay is available at https://www.epiqglobal.com/en-us/technologies/epiq-pay.Back To Top
How do a claim my EpiqPay payment?
Claiming your EpiqPay payment is simple and easy. All EpiqPay payment and reminder emails contain a ‘Claim Payment’ link. If you click the ‘Claim Payment’ link before the payment expiry date listed in your email, the link will take you to a payment dashboard where you can choose your preferred method of payment. Then click your preferred payment method. Depending on the method of payment you choose, you may be asked to confirm your selection or provide one or two pieces of information so your payment can be processed. After that, you will receive a small number of interim notifications from our payment partner email@example.com letting you know your payment is ‘in process’, and eventually you will receive a link to your payment card, if you chose that as your option. Contact information for our payment partners is available on these notifications in case you experience any issues using you card.Back To Top
When will I receive my digital payment? / Why have I not received my digital payment?
Emails regarding digital payments for this matter commence(d) on April 7, 2022, and digital payments will be available to claim through May 7, 2022. During that window, Epiq digital payment emails were or will be sent from noreply@Epiqpay.com, so please review your inbox for messages from that email address. Due to variability in individual recipient email account SPAM and junk security settings, users are encouraged to review their junk and SPAM folders in case the digital payment emails went to those locations.Back To Top
After choosing my preferred payment options, will I receive my payment instantly / immediately?
No. Digital payments are processed quickly, but once a user selects their preferred payment option, it typically takes 2-5 business days for the value of the award to reach end user cards or accounts. Upon making your selection, you will start to receive a series of emails from EpiqPay and our digital payment partners, which will keep you apprised of the progress of your payment.Back To Top
How do I get more information?
You can call toll-free 1-855-435-0524, write to Move Free Advanced Settlement Administrator, P.O. Box 5439, Portland, OR 97228-5439; or go to the Documents page of this website, where you will find the Settlement Agreement, Claim Form, Motions for Approval of the Settlement, Class Counsel’s request for attorneys’ fees and expenses (when available), and other important documents in the case.
You can also access information about this case through the Court’s Public Access to Court Electronic Records (PACER) system. To learn about PACER and register for a PACER account, go to www.Pacer.USCourts.gov. Once you have a PACER account, you can access and retrieve documents from the Court’s docket for this case at ecf.cand.uscourts.gov/cgi-bin/login.pl. You can also access and retrieve documents from the Court’s docket by visiting the Clerk’s Office located at United States District Court for the Northern District of California, 450 Golden Gate Avenue, San Francisco, CA 94102, between 9:00 a.m. and 4:00 p.m., Monday through Friday, excluding Court holidays.
PLEASE DO NOT TELEPHONE THE COURT OR THE COURT’S CLERK OFFICE TO INQUIRE ABOUT THIS SETTLEMENT OR THE CLAIM PROCESS.Back To Top