Case No.321
Consumer Goods and Services
LITIGATOR(S):
Etan Mark
Don Hayden
After a multi-year representation involving two parallel proceedings, MM&H settled a first of its kind federal class action lawsuit against Los Angeles-based Herbalife International of America, Inc. as well as top distributors and current and former members of the company's board of directors. The claims involved several counts brought under the Racketeer Influenced and Corrupt Organizations Act (RICO) for conducting a racketeering enterprise, for violations of Florida, Arizona, Oklahoma, and California statutory violations, and state law common law claims. After overcoming substantial motion practice, MM&H reached a settlement for $12.5 million plus significant injunctive relief requiring Herbalife to change certain business practices that the Plaintiffs considered to be deceptive or otherwise misleading. We are awaiting court approval of the settlement and for the class to be certified.