Sihler et al. v. The Fulfillment Lab Inc., et al.

If you were billed for shipments of either three bottles or five bottles of Ultrafast Keto Boost, Insta Keto, or InstantKeto between the applicable statute of limitations period and June 18, 2025, you are a member of a Settlement Class.

The Notice explains the class action lawsuit, the proposed Settlement, your legal rights, what benefits are available, who is eligible for the benefits, and how to get the benefits.

The Court in charge of this case is the United States District Court for the Southern District of California. The lawsuit is known as Sihler et al v. The Fulfillment Lab, Inc., et al., Case No. 3:20-cv- 1528-LL-DDL. You may obtain additional updates on the status of the case by contacting Class Counsel (listed in FAQ 11) or viewing case information through the Court's system at www.Pacer.gov.

This lawsuit is about whether Keto Products were marketed in a false or misleading way. “Keto Products” is a defined term under the Settlement Agreement, meaning “any product manufactured, marketed, sold, or otherwise promoted under the Ultra Fast Keto Boost, Instant Keto, or InstaKeto brand names.” The suit alleges that Settlings Defendants were involved in selling these products or assisting in the sale of those products. Defendants deny that they did anything wrong. This Settlement is not an admission of any liability. The Court has not decided who is right.

In a class action lawsuit, one or more people called “Class Representatives” sue on behalf of other people who have similar claims. The people together are a “Class” or “Class Members.” The people who sue – and all the Class Members like them – are called the “Plaintiffs.” The individuals and companies the Plaintiffs sued are called the “Defendants.” The court resolves the issues for everyone in the Class – except for those people who choose to exclude themselves from the Class. U.S. District Judge Linda Lopez is in charge of this class action.

The Court did not decide in favor of Plaintiffs or Defendant. Instead, both sides agreed to a settlement. By agreeing to settle, both sides avoid the cost and risk of a full trial and the Plaintiffs obtain cooperation in the form of evidence that may be used against other Defendants in another pending class action lawsuit in Florida. The goal is to obtain compensation for the Class in that separate class action lawsuit. The Class Representative her their attorneys believe the Settlement is best for the Settlement Class and its members.

You are a Class Member if you were billed for Keto Products between August 6, 2016, and June 18, 2025.

Excluded from the Settlement are: (i) jurists and mediators who are or have presided over the Action, Plaintiff's Counsel and Defendants' Counsel, their employees, legal representatives, heirs, successors, assigns, or any members of their immediate family; (ii) any government entity; (iii) The Settling Defendants and any entity in which the Settling Defendants have a controlling interest, any of their subsidiaries, parents, affiliates, and officers, directors, employees, legal representatives, heirs, successors, or assigns, or any members of their immediate family; and (iv) any persons who timely opt out of the Settlement Class.

The Settlement does not provide monetary payment to Class Members. Class notice and claim administration expenses, Plaintiffs' Counsel's attorneys' fees and expenses and any service award to the Class Representative (discussed below) will be paid out of the Settlement Fund, if approved by the Court. The Settlement provides injunctive relief against two of the Defendants, and requires evidentiary cooperation from the remaining Defendants on behalf of the class in litigation pending in Florida.

Unless you exclude yourself (“opt out”) from the Settlement Class by timely submitting an Exclusion Request (see FAQ 13 and FAQ 14), you will remain in the Settlement Class. By remaining in the Settlement Class you “release” and can't sue, continue to sue, or be part of any other lawsuit against the Settling Defendants about the “Released Claims” in this case. These Released Claims are only those claims that you could have brought based on the identical factual predicate of those claims brought in this case about the alleged misleading marketing and labeling of Keto Products between the applicable statute of limitations period and date.

These Released Claims are only those claims that you could have brought based on the identical factual predicate of those claims brought in this case about the alleged misleading marketing and labeling of Keto Products between August 6, 2016, and June 18, 2025. Whether you opt out or remain in this Settlement Class does not affect your participation in the related Florida case Sihler et al. v. Global E-Trading, LLC (d/b/a Chargebacks911), et al., No. 8:23cv1450 (M.D. Fla.).

The Settlement Agreement at Section VIII (titled “Releases”) describes these “Released Claims” and the “Released Parties” in necessary legal terminology, so read these sections carefully. The Settlement Agreement is available here or in the public court records on file in this lawsuit. For questions regarding the Releases or what they mean, you can also talk to one of the lawyers listed in FAQ 8 for free, or you can talk to your own lawyer at your own expense.

The Court has appointed attorneys from the law firm Kneupper & Covey, PC of Huntington Beach, CA, to represent you and the other Class Members. The lawyers are called Class Counsel. They are experienced in handling similar class action cases. You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.

You may contact Class Counsel if you have any questions about the Notice or the Settlement. Please do not contact the Court.

Class Counsel
Kevin Kneupper
Cyclone Covey
Kneupper & Covey PC
17011 Beach Blvd., Ste. 900
Huntington Beach, CA 92647

Class Counsel will ask the Court for an award of the costs of notice, expenses, incentive awards to the class representatives, and attorney’s fees; this request (or motion) will be posted on this website no later than October 5, 2025. Plaintiffs expect that this will exceed the $200,000 settlement amount. Any award of attorney’s fees and costs will be paid from the Settlement Fund. Class Counsel will also ask the Court for a service award for the Class Representative. The purpose of the service awards is to compensate the Plaintiffs for their time, efforts and risks taken on behalf of the Settlement Class. Any award of payment to the Class Representative will be paid from the Settlement Fund.

If you want to keep the right to sue or continue to sue the Settling Defendants on your own, on the basis of the legal issues in this case, then you must take steps to exclude yourself from the Settlement (get out of the Settlement). This is called “excluding yourself”— or is sometimes referred to as “opting out” of the settlement class.

To exclude yourself from the Settlement, you must send a “Request for Exclusion” in the form of a letter or Request for Exclusion form stating that you want to be excluded from Sihler et al v. The Fulfillment Lab, Inc., et al., Case No. 3:20-cv-1528-LL-DDL. Be sure to include your name, address, telephone number, and basis upon which you are a Class Member. You must mail your Request for Exclusion received by October 29, 2025, to:

Keto Products Class Action Administrator
P.O. Box 2437
Portland, OR 97208-2437

Request for Exclusion forms can be obtained here.

A Request for Exclusion may also be submitted here no later than November 5, 2025.

If you do not follow these procedures and deadlines, you will remain a Class Member and lose any opportunity to exclude yourself from the Settlement. This means that your rights will be determined in this lawsuit by the Settlement Agreement if it receives final approval from the Court.

No. If you exclude yourself, you cannot receive Monetary Payments. But you may sue, continue to sue, or be part of a different lawsuit against the Settling Defendants about the legal issues in this case.

If you're a Class Member, you can object to the Settlement if you don't like any part of it. You can give reasons why you think the Court should not approve it. The Court will consider your views. Note: You can't ask the Court to order a different Settlement; the Court can only approve or reject the Settlement. If the Court denies approval, no settlement awards will be sent out and the lawsuit will continue. If that is what you want to happen, you must object.

To object, you must send a letter. Be sure to include the following information:

1. The case name and number (Sihler et al v. The Fulfillment Lab, Inc., et al., Case No. 3:20-cv- 1528-LL-DDL);
2. Your name, address, telephone number and, if represented by counsel, the name, address, and telephone number of your counsel;
3. A statement under oath that you are a Class Member;
4. A statement whether you intend to appear at the Final Approval Hearing, either in person or through counsel;
5. A statement of all your objections and the specific grounds supporting your objections;
6. A statement whether the objection applies only to you, to a specific subset of the Settlement Class, or to the entire Settlement Class;
7. Copies of any papers, briefs, or other documents upon which your objection is based; and
8. Your handwritten, dated signature (the signature of your counsel, an electronic signature, and the annotation “/s” or similar annotation will not suffice).

Your objection must be submitted to the Court and served on Class Counsel and Defendant’s Counsel to the following addresses either by mailing it with a postmark no later than October 29, 2025 to each of the three addresses, or filing it on the docket or in person at the United States District Court for the Southern District of California no later than November 5, 2025:

If you timely file an objection it will be considered by the Court at the Final Approval Hearing. You do not need to attend the Final Approval Hearing for the Court to consider your objection.

The Court will require substantial compliance with these requirements above. If you do not submit a written objection in accordance with the deadline and procedure set forth above, you will waive your right to be heard at the Final Approval Hearing. However, the Court may excuse your failure to file a written objection upon a showing of good cause, which, if granted, would permit you to still appear at the Final Approval Hearing and object to the Settlement.

Objecting is simply telling the Court that you don't like something about the Settlement. You can object only if you stay in the Settlement Class. Excluding yourself is telling the Court that you don't want to be part of the Settlement Class. If you exclude yourself, you have no basis to object because you are no longer part of the case.

The Court will hold a Final Approval Hearing at 10:30 a.m. Pacific on November 19, 2025, at the United States District Court for the Southern District of California, 333 West Broadway, Ste. 420, San Diego, CA 92101.

At the hearing, the Court will hear any comments, objections, and arguments concerning the fairness of the proposed Settlement, including the amount requested by Class Counsel for attorneys' fees and expenses. If there are objections, the Court will consider them. You do not need to attend this hearing. You also do not need to attend to have a comment or objection considered by the Court. After the hearing, the Court will decide whether to approve the Settlement. We do not know how long these decisions will take.

Note: The date and time of the Final Approval Hearing are subject to change by Court Order. Any change will be posted on this website. You should check this website or the Court's PACER website to confirm that the date and/or time have not changed.

No. Class Counsel will answer all questions Judge Lopez may have, but you are welcome to attend the hearing at your own expense. If you submit an objection, you do not have to attend the heading to talk about your objection. As long as you filed your written objection by the deadline, the Judge will consider it. You may also pay your own lawyer to attend, but it is not necessary.

As long as you do not exclude yourself, you can (but do not have to) participate and speak for yourself in this lawsuit and Settlement. This is called making an appearance. You also can have your own lawyer speak for you, but you will have to pay for the lawyer yourself.

If you want to appear, or if you want your own lawyer instead of Class Counsel to speak for you in this lawsuit, you must send a letter saying that it is your “Notice of Intention to Appear in Sihler et al v. The Fulfillment Lab, Inc, Case No. 3:20-cv-1528-LL DDL.” Be sure to include your name, address, telephone number, and your signature. Your Notice of Intention to Appear must be postmarked by November 5, 2025, and be sent to the Clerk of Court at the address listed in FAQ 12. You may also file it in person at the address listed in FAQ 12 for the Clerk of Court by November 12, 2025.

If you want to speak at the Final Approval Hearing without having followed these procedures, you may do so if you demonstrate good cause to the Court.

If you do nothing, you'll be part of the Settlement Class. Unless you exclude yourself, you will not be permitted to continue to assert Released Claims in any other lawsuit against the Settling Defendants about the legal issues in this case, ever again.

This website summarizes the proposed Settlement. More details are in the Settlement Agreement. You can get a copy of the Settlement Agreement by contacting Class Counsel by email or telephone at the address or number listed in response to FAQ 11.

You can call toll-free 1-888-680-9759, or write to Keto Products Class Action Administrator, P.O. Box 2437, Portland, OR 97208-2437; or view the Important Documents for motions for approval of the Settlement and Class Counsel's request for attorneys' fees and expenses, and other important documents in the case.

You can also access information about this case through the Court's Public Access to Court Electronic Records (PACER) system. To learn about PACER and register for a PACER account, go to https://www.Pacer.gov/. Once you have a PACER account, you can access and retrieve documents from the Court's docket for the Action at https://ecf.casd.uscourts.gov/. You can also access and retrieve documents from the Court's docket by visiting the Clerk's Office located at United States District Court for the Southern District of California, Southern District of California, 333 West Broadway Ste. 420, San Diego, CA 921012, during business hours.

PLEASE DO NOT TELEPHONE THE COURT OR THE COURT’S CLERK TO INQUIRE ABOUT THIS SETTLEMENT OR THE CLAIM PROCESS