No. D067917.

1 Cal.App.5th 635 (2016)

204 Cal. Rptr. 3d 896

FRED DURAN, Plaintiff and Respondent, v. OBESITY RESEARCH INSTITUTE, LLC, et al., Defendants and Respondents; DeMARIE FERNANDEZ et al., Objectors and Appellants.

Court of Appeals of California, Fourth District, Division One.

June 23, 2016.

Attorney(s) appearing for the Case

Bursor & Fisher, Scott A. Bursor , L. Timothy Fisher , Annick M. Persinger and Neal J. Deckant for Objectors and Appellants.

Nicholas & Tomasevic, Alex Tomasevic and Craig M. Nicholas for Plaintiff and Respondent.

Newport Trial Group, Scott J. Ferrell , David W. Reid ; Gordon & Rees and Richard P. Sybert for Defendant and Respondent Obesity Research Institute, LLC.

Shook, Hardy & Bacon, Frank C. Rothrock , D. Susan Wiens and Paul B. La Scala for Defendant and Respondent Wal-Mart Stores, Inc.


Fred Duran filed a putative class action complaint against Obesity Research Institute, LLC (ORI), and Wal-Mart Stores, Inc. (Wal-Mart) (collectively, defendants). Duran alleges defendants falsely claimed that ORI's products, Lipozene and MetaboUp, have weight loss benefits. The court approved a claims-made settlement...

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