Who is a Class Member
Class members of the Align Probiotics False Advertising Class Action Settlement include “all persons who purchased Align within the United States and its territories, other than solely for the purposes of resale, from March 1, 2009 to June 6, 2016.”
If you don’t qualify for this settlement, check out our database of other class action settlementsyou may be eligible for.
- Up to $49.26
The actual amount of your cash refund will be based on the total number of packages of Align you purchased and when you purchased them. The maximum refund you can receive is $49.26.
Proof of Purchase
Claim & Verification Form
Align Probiotics False Advertising Settlement Notes
- Rikos v. The Proctor & Gamble Company
- Case No. 1:11-cv-00226
- Pending in the U.S. District Court for the Southern District of Ohio
Earlier in 2017, three named plaintiffs filed this consumer protection class action lawsuit against Procter & Gamble alleging the company made false claims about the purported benefits of its over-the-counter Align probiotic products.
Specifically, the plaintiffs say that while P&G claims in its advertising and packaging for Align probiotics that the product is clinically proven to “build and maintain a healthy digestive system,” “restore your natural digestive balance,” and “protects against occasional digestive upsets,” there is no actual clinical proof to substantiate these purported benefits. This, according to the plaintiffs, constitutes false advertising and representation.
P&G continues to stand by Align and its purported claims but has agreed to settle the allegations to avoid the expense of further litigation. Under the terms of the settlement, P&G will pay $30 million to cover the costs of settlement administration, attorney fees and expenses, and incentive awards for the Class Representatives. Eligible Class members who submit valid and timely claim forms can receive a cash refund up to $49.26.
In addition to these cash refunds, P&G will make a $5 million guaranteed up front Digestive Health Improvement Contributions (DHIC) in the form of intellectual property and/or know how; research or education grants; or product donations to research or educational institutions or programs working to improve digestive health. The DHICs will be focused on consumers who suffer from Irritable Bowel Syndrome or who regularly seek care for their digestive health issues.
The company has also agreed to stop making the “clinically proven” five symptom relief claim until new supporting clinical data or analysis suggests otherwise.
Complete details are provided in the Class Notice, which is available on the Align Probiotics False Advertising Settlement website.
Class members who wish to exclude themselves or object to the terms of the Align Probiotics False Advertising Settlement must do so by March 17, 2018. Class members who wish to participate in the settlement must submit their claim form on or before May 16, 2018.
- 5/16/18: Claim Form Deadline
- 3/17/18: Objection or Exclusion Deadline
- 4/16/18: Final Hearing at 10:00 am ET* (class members do not need to attend this hearing in order to receive a slice of the settlement pie).
Settlement Class Members who wish to speak at the hearing should check AlignSettlement.com to confirm that the date or time of the Hearing has not been changed.
- Mail: Rikos v. The Procter & Gamble Company, Settlement Administrator: KCC, LLC, P.O. Box 404041, Louisville, KY 40233-4041
- Phone: 1-866-653-4873
- Email: [email protected]
- Timothy G. Blood and Thomas J. O’Reardon II of Blood Hurst & O’Reardon LLP