Sonner v. Schwabe North America, Inc. et al.
Ginkgold® Settlement
5:15-cv-01358 VAP (SP)

Welcome to the Ginkgold Settlement Website

If you bought Ginkgold® Ginkgo Biloba Extract, you could get reimbursed from a class action settlement. 

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What is this lawsuit about? 

The lawsuit alleges that Schwabe North America, Inc. ("Schwabe") and Nature’s Way Products, LLC ("Nature's Way") falsely advertised Ginkgold® and Ginkgold Max® as providing cognitive health benefits they do not actually provide. The Plaintiff brought claims against the Defendants, Schwabe and Nature's Way, for violation of consumer protection laws. The Defendants deny they have done anything wrong, and believe the litigation is without merit because each and every cognitive benefit claim is substantiated by science. However, to avoid the cost of litigation, its associated burden, and potential risks for both sides, the Parties have reached a a proposed Settlement, which was preliminarily approved by the Court on October 1, 2020.

Who is included in the Class?

You are a Settlement Class Member and part of the settlement if you purchased Ginkgold or Ginkgold Max for personal use in California from July 7, 2011 to October 1, 2020, or anywhere else in the United States from January 1, 2016 to October 1, 2020.

What are the possible benefits of this settlement?

If you are a Settlement Class Member and submit a claim, Defendants will reimburse you for your purchases of Ginkgold and Ginkgold Max. If you have proof of purchase, you will be reimbursed for purchases of Ginkgold and Ginkgold Max you made in the applicable Class Period. If you do not have proof of purchase, you will be reimbursed for up to three purchases. Reimbursement is based on a blended average retail price of the Ginkgold or Ginkgold Max products purchased up to $18 or $33, depending on the product version purchased. The payment of valid claims may be increased or decreased on a pro rata basis depending on the total value of the claims made.

YOUR LEGAL RIGHTS AND OPTIONS

Option
Event
Submit a Claim Form
February 24, 2021 (postmarked or submitted online)
If you bought Ginkgold or Ginkgold Max during certain time periods (FAQ 5), you are entitled to reimbursement of your purchases of Ginkgold and Ginkgold Max. If you qualify, you must submit a claim form by the due date to obtain reimbursement. By participating in the settlement, you will give up your right to sue the Defendants about the claims in this case.
Opt Out of the Settlement
December 28, 2020 (postmarked)
If you ask to get out of the settlement, you will not be entitled to reimbursement, but you keep any right to file your own lawsuit against Schwabe North America, Inc. and Nature’s Way Products, LLC.
 
Object
December 28, 2020 (filed)
Remain a Settlement Class Member and tell the Court what you do not like about the settlement. You will still be bound by the settlement if the Court approves it and may still seek reimbursement.
 
Stay in the Class and Hire Your Own Attorney
Notice of Appearance
December 28, 2020 (filed)
The Court will hold a hearing on January 25, 2021 to determine whether to approve the Settlement Agreement. If you want your own attorney to represent you, you must pay for him or her yourself. Your attorney must file a notice of appearance.
Do Nothing If you do nothing, you will not receive a Settlement payment and you will give up your right to sue the Defendants about the claims in this case.

For More Information

Visit this website often to get the most up-to-date information.

Mail
Ginkgold Settlement
c/o JND Legal Administration
P.O. Box 91231
Seattle, WA 98111