A Settlement Agreement has been reached in a class action lawsuit alleging eSupplements, LLC d/b/a Nutricost (“Nutricost”) violated the law by selling Nutricost Magnesium Glycinate Supplements marketed as 420 mg of magnesium “as magnesium glycinate” when, in fact, they were not. Nutricost denies any wrongdoing and denies that it violated any state or federal law.
A settlement fund of $1,835,000.00 has been agreed to pay Settlement Class Members, attorney’s fees, costs, incentive awards to the Class Representatives (Dalit Cohen, Anastasia Kurtz and Tina Scott) and settlement administration costs. Settlement Class Members options are explained below.
Your Options
| Option & Due Date | Description |
|---|---|
Option 1: Submit a Claim Filed online or postmarked by August 7, 2026 | Explanation: Submit a Claim and recover from the Settlement Fund. The only way to receive a share of the Settlement Fund is to submit a claim by August 7, 2026. You can file a claim here. |
Option 2: Ask to be Excluded ("Opt Out") Postmarked by August 7, 2026 | Explanation: Get out of this lawsuit and get no benefits from it. You may ask to be excluded from the class. By excluding yourself, you cannot recover as part of this settlement, you remove yourself from the lawsuit, you will not release any claims. |
Option 3: Object Postmarked by August 7, 2026 | Explanation: Object to the terms of the Settlement Agreement. You may object to the terms of the Settlement Agreement and have your objections heard at the Final Approval Hearing. |
Option 4: Do Nothing | Explanation: You will receive no payment. You will still be a Settlement Class Member and give up your right to be part of any other lawsuit against Nutricost or any other Released Party. |
What is the current status of the Settlement?
The Class Action Settlement Administrator (“Administrator”) is notifying people about the Settlement. The deadline to file your claim is August 7, 2026.
The Court will hold a Final Approval Hearing on October 15, 2026, in the courtroom of United States District Court for the Eastern District of New York, 100 Federal Plaza, Central Islip, NY 11722.
You are not required to attend this hearing to benefit from this Settlement.
What benefits does the Settlement provide?
The Settlement provides that Nutricost will create a Settlement Fund of $1,835,000.00 to pay Settlement Class Members, attorney’s fees, costs, incentive awards to the Class Representatives (Dalit Cohen, Anastasia Kurtz and Tina Scott) and settlement administration costs.
Individual payment amounts will depend on the total number of valid and timely claims filed by all Settlement Class Members.
Who is included as a Class Member?
All Persons who while residing in the United States of America purchased Nutricost Magnesium Glycinate Supplements in the 240 capsule or 120 capsule variant, during the Class Period.
The Class Period is February 1, 2021, through June 8, 2026.
The “Supplement(s)” are the dietary supplements offered for sale by Nutricost as “Magnesium Glycinate” with “420 MG per serving” in 240 capsule and 120 capsule variants.
