Capaci v. Sports Research

Case No. 2:19-cv-03440-FMO-FFM

U.S. District Court for the Central District of California

FAQs

BASIC INFO

What is this lawsuit about?

The lawsuit claims that Defendant Sports Research Corporation violated Federal and California laws by marketing and selling the Sports Research Garcinia Cambogia product with misleading packaging claiming that the Product provides “weight management” and/or “appetite suppression” benefits. Plaintiff alleges that these claims are false and misleading because the Sports Research Garcinia Cambogia product does not provide any such benefits.

The Court has not yet decided whether the Plaintiff or Defendant is correct.

The Court in charge of the case is the U.S. District Court for the Central District of California, and the case is known as Capaci v. Sports Research Corporation, Case No. 2:19-cv-03440-FMO-FFM. The person who sued is called the Plaintiff, and Sports Research Corporation is called the Defendant.

Why is this a class action?

An individual who bought the Product has sued Defendant to recover monetary and injunctive relief for herself and all other people who purchased the Sports Research Garcinia Cambogia Product in the United States. On April 14, 2022, the Court allowed the case to proceed as a class action for all persons in the United States that purchased the Product since April 26, 2015. All these people are a Class or Class Members. The Court will resolve the issues in the case for all Class Members. The Honorable Fernando M. Olguin of the U.S. District Court for the Central District of California is presiding over this Class Action.

More information about why the Court is allowing this lawsuit to be a class action is in the Order Granting Plaintiff’s Motion for Class Certification available in the documents section of this website.

WHO IS COVERED

Who is included in the Class?
The Court decided that everyone who fits the following description is a Class Member:

Nationwide Class: All persons who purchased Sports Research Cambogia that was labeled “weight management” and/or “appetite suppression” (“Product”) in the United States since April 26, 2015. The class is limited to those who purchased the Product for personal and household use, and not for resale, and who did not receive a refund or return the Product.

California Sub-Class: All persons who purchased Sports Research Cambogia [] that was labeled “weight management” and/or “appetite suppression” (“Product”) in the State of California since April 26, 2015. The class is limited to those who purchased the Product for personal and household use, and not for resale, and who did not receive a refund or return the Product.

Excluded from the class is Defendant and Defendant’s past and present officers, directors, employees, agents and affiliates, and any judge who presides over the action.

If you are still not sure whether you are included in the Class, you can get more information from the documents section of this website, or get free help by calling or writing the lawyers in this case, at the phone number or address listed below.

ABOUT THE CASE

What Is Plaintiff asking for?

Plaintiff is seeking to recover monetary and injunctive relief for herself and the Class based on Plaintiff’s allegations that Defendant’s packaging claims on the Product were false, deceptive, or unlawful, and caused Plaintiff to purchase a product she would not otherwise have purchased. Defendant claims that Plaintiff should recover no money, or any other form of relief, because it has not violated the law and the packaging claims in question are supported by law.

Is there any money available now?

No money is available now because the Court has not yet decided whether Defendant has done anything wrong, and the two sides have not settled the case. There is no guarantee that any money will ever be available. If it is, you will be notified about your rights regarding any recovery.

EXCLUDING YOURSELF FROM THE PROPOSED SETTLEMENT

Why would I ask to be excluded?
If you would like to pursue your own lawsuit or claim against Defendant for the claims in this case, do not want to be bound by what the Court does in this case, or if you simply do not want to be part of the Class pursuing claims against Defendant, you need to ask to be excluded from the Class. If you exclude yourself from the Class – which also means to remove yourself from the Class, and is sometimes called “opting‐out” of the Class – you will not be legally bound by the Court’s judgments in this Class Action, and will keep any right you may have to later sue Defendant for the claims being made in the case. If you exclude yourself, you also will not get any benefits from this lawsuit if there are any.
How do I ask the Court to exclude me from the class?

To ask to be excluded, you must send an “Exclusion Request” in the form of a letter sent by mail to Sports Research Garcinia Cambogia Litigation, c/o Law Offices of Ronald A. Marron, 651 Arroyo Drive, San Diego, CA 92103. Your “Exclusion Request” should include your name and address. To be valid, your letter asking to be excluded from the Class must be signed and postmarked no later than September 21, 2023. You can also ask to be excluded online in the opt out section of this website.

IF YOU DO NOTHING

What happens if I do nothing at all?
If you do not do anything now you will remain a member of the Class. If you stay in the Class and the Plaintiff obtains benefits, either as a result of a trial or a settlement, you will be notified about how to seek a share of those benefits. If you do nothing, you will be bound by the Court’s orders and will lose any right you may have to sue Defendant over the claims in this case. You will also be legally bound by all of the Orders the Court issues and judgments the Court makes in the Class Action, including any judgment against Plaintiff and in favor of Defendant.

LAWYERS THAT REPRESENT YOU

Do I have a lawyer in this case?

The Court has appointed the Law Offices of Ronald A. Marron as Class Counsel in this case. The Court has determined that the Law Offices of Ronald A. Marron is qualified to represent you and all other Class Members. You will not be charged for these lawyers. The lawyers handling the case are experienced in handling similar cases. More information about the Law Offices of Ronald A. Marron is available at www.consumersadvocates.com.

How will the lawyers be paid?

If Class Counsel recovers monetary and/or injunctive relief for the Class, they will ask the Court for payment of their fees and reimbursement of their litigation costs. You will not have to pay these fees and expenses out of your own pocket. If the Court grants Class Counsel’s request, the fees and expenses will be paid separately by Defendant.

APPEARING IN THE LAWSUIT

Can I appear in this lawsuit?

If you want yourself or your own lawyer (instead of Class Counsel) to participate or speak for you in this lawsuit, you must file a motion to intervene in the lawsuit. The motion to intervene must contain the title of the lawsuit, provide a basis for your request to intervene, and the signature of you or your lawyer.

GETTING MORE INFO

Where can I get more information?
If you want more detailed information, you may visit the documents section of this website, where you will find the Court’s Order Granting Plaintiff’s Motion for Class Certification and other case‐related documents.

Class Counsel
Ronald A. Marron
LAW OFFICES OF RONALD A. MARRON
651 Arroyo Drive
San Diego, CA 92103
Telephone: 619‐696‐9006