Class Action Lawsuit:BSN products 11/6/03 - 7/6/09

[86 IROC-Z]

I know some of you guys (including myself) have used this stuff, so I figured I would pass this along if you want some money:

NOTICE OF EXTENSION OF CLAIMS PERIOD


If you purchased a Bio-Engineered Supplements & Nutrition, Inc. ("BSN") Product labeled as containing "Creatine Ethyl Ester Malate" or "CEM3" including, but not limited to, "Cellmass," "Nitrix," and "N.O.-Xplode" in the United States, its territories, or at any United States military facility or exchange from November 6, 2003, through July 6, 2009, you may be a class member in a class action lawsuit known as Rivera v. Bio-Engineered Supplements & Nutrition, Inc. et al., Case No. SACV07-1306 JVS (the "Action"), in the United States District Court for the Central District of California.

On or about June 5, 2009, the Parties determined that it was in their best interests to settle the Action in order to avoid the expense, inconvenience and interference with ongoing business operations of further litigation. BSN denies any wrongdoing or any liability whatsoever, and no court or other entity has made any judgment or other determination of any liability.

The purpose of this Notice is to advise you that the Parties have agreed to extend the period for claiming refunds under the settlement of this matter to February 14, 2010. The Parties have also agreed to permit class members to claim refunds by submitting statements under oath confirming their purchase of the products. Class members who submit valid claimforms are entitled to a refund check of $15.00 for each container of Cell mass, N.O.-Xplode, and Nitrix purchased during the class period, with a maximum refund limit of $60.00. Refunds are limited to products that were labeled as containing CEM3 or Creatine Ethyl Ester Malate.

Authorized Claimants will be provided a refund check of $15.00 for each CEM3 product purchased during the class period. Cash refunds will be limited to a maximum of $60.00 per Authorized Claimant. BSN's obligation to pay cash refunds is limited to the payment of refunds actually claimed and subject to a maximum of $1,500,000.00. Refunds will be paid after the Settlement Agreement becomes effective, and will only be paid if the Settlement Agreement becomes effective.

To participate in the refund portion of the settlement, class members must accurately complete a Claim Form and deliver that form to the Claims Administrator no later than February 14, 2010:


Rivera v. Bio-Engineered Supplements & Nutrition, Inc.
Claims Administrator
c/o Gilardi & Co. LLC
P.O. Box 8060
San Rafael, CA 94912-8060
1-877-582-4348

Online claim form:

http://www.supplementsettlement.com/ssl/default.aspx

In a significant blow to sports supplement maker Bio Engineered Supplements & Nutrition, Inc., a/k/a BSN, a federal district court in California has certified a class action against the company. In the lawsuit, the company is charged with fraud for selling products that falsely claim to contain a "new and improved" form of creatine called CEM3 or "Creatine Ethyl Ester Malate."

The charge against BSN is potentially significant. According to the decision, experts for the plaintiff, Michael Rivera, claim that CEM3 does not exist and is impossible to manufacture. Moreover, BSN failed in their attempts to disqualify these experts.

[Smkn_TA]

I could get 60 bucks...but is the paper work going to be worth it? And will I actually get it?

[86 IROC-Z]

I could get 60 bucks...but is the paper work going to be worth it? And will I actually get it?

Form is real simple since you can state under oath that you bought the products and you don't have to go around searching for receipts. It's just a single page and seems easy to fill out.

No idea if we'll actually get it but for a chance at $60 I figure 5 minutes is worth it

[FSANE]

so thats it? they just made a wrong claim?> their product actually works

[wheeliE-maxx]

Shit, that scared me at first. Took n.o. xplode a few times.

[bluehawk2000]

shit i got a whole thing of NO EXPLODE sitting on my self right now that i bought back in may in kuwait at camp beauring.

[LSCyaL8R]

yeah i've got a lot more than 60 bucks sunk into all three products actually. too bad it's not 60 per product lolol

[Smkn_TA]

I'm not going to do it...I mean, it actually worked and it gave me results. I think it would be morally wrong for me to file.

[Frazier]

I'm not going to do it...I mean, it actually worked and it gave me results. I think it would be morally wrong for me to file.

And your point is...?

[86 IROC-Z]

According to my account history at bb.com, I bought about $290 worth of just the BSN products listed above between may 2007 and august 2008.

I wonder how much it would be total, including GNC and other online supp stores...

[LSCyaL8R]

A guy at my office does weekends at GNC for extra cash. I doubt he needs it, just a strong work ethic. He claims BSN makes up a lot of crap on their labels. Swears by Gaspari products. He's the third guy that's told me to switch to gaspari. in light of the lawsuit I may need to consider this alternative....

[gixxer92]

Between the 8 cans of Synta 6 and 1 can of No Explode I buy every 3-4 months this will be a nice refund. Thanks 86 IROC-Z!

[Firebird Phoenix]

Form is real simple since you can state under oath that you bought the products and you don't have to go around searching for receipts. It's just a single page and seems easy to fill out.

No idea if we'll actually get it but for a chance at $60 I figure 5 minutes is worth it

No receipt proof, really??? As I don't recall the exact date I bought the NO-Xplode I tried back in the summer of last year from a GNC.

[86 IROC-Z]

No receipt proof, really??? As I don't recall the exact date I bought the NO-Xplode I tried back in the summer of last year from a GNC.

Yeah, that's what it says.

Although I imagine the chances of getting the refund will increase if you can provide proof.