If you or someone you know purchased Procera AVH between the dates of January 1, 2005 to March 23, 2012 and are a legal resident of the US you might be a class member in the Procera AVH False Advertising Lawsuit Settlement. The lawsuit is entitled O’Brien, et al. v. Brain Research Labs, LL and is case number 12-cv-00204. The lawsuit claims that Procera AVH falsely claimed that the product improved brain function. The settlement includes a $20 cash payment or 50%-off savings voucher for eligible class members who file a valid claim form. All claims forms MUST be post marked by 08/10/12 in order to be eligible for a settlement pay out.
BRL has denied all wrong doing in the case but has agreed to terms. All objections and Opt Out request are due no later than 05/31/12. A fairness hearing will be held at the United States District Court for the District of New Jersey, Frank R. Lautenberg United States Post Office & Courthouse, located at 2 Federal Square, Newark, New Jersey 07102 on July 11, 2012 if you wish to attend. Please note that class members are not required to attend the fairness hearing in order to obtain a settlement.
Some of the statements that were cited in the Procera AVH False Advertising Lawsuit Settlement included that Procera will “will protect the brain following a head injury or stroke”, “will protect the brain or the liver from the harmful byproducts of alcohol”, “are key, vital or brain essential nutrients that cannot be obtained from food” and “will reduce depression”. Under the settlement terms AVH will not be allowed to use these and other statements when marketing their product. Claim forms and more information can be found at the administrators web portal.