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Nutricost Class Action Lawsuit

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Nutricost allegedly sold magnesium glycinate supplements with far less magnesium than the 420 mg promised on the label. Nutricost denies wrongdoing.
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Softgel capsules spilling from a supplement bottle – Nutricost magnesium supplements class action

What happens next with the Nutricost settlement

The claim deadline passed on August 5, 2026. New claims for this settlement are no longer being accepted.

The court held its approval hearing on October 15, 2026. That was the final approval hearing, where a judge decides whether to approve the settlement. Nothing is paid out until that approval is final.

Payments come after approval, and after any appeals. Anyone who objected to the settlement can ask a higher court to look at it again — an appeal — and that has to finish first. Eligible payments are sent once approval is final, and the stretch from a claim deadline to money in hand often runs a year or more. It varies from one settlement to the next.

Filed this claim with Chimo? The status of your claim is on the claims page in your account.

2026 Class Action Settlements > Nutricost Class Action

Nutricost Class Action Lawsuit

Dalit Cohen, a New York consumer, sued eSupplements, LLC — the company doing business as Nutricost — in the U.S. District Court for the Eastern District of New York on August 25, 2023 (case no. 2:23-cv-06387), saying that its magnesium glycinate supplements never actually contained the magnesium the label promised. Nutricost denies the allegations and maintains its labeling has always complied with federal dietary-supplement rules, and the court did not decide who was right. In October 2024 the complaint was amended to add Anastasia Kurtz of Ohio and Tina Scott of Colorado as class representatives, after Kurtz dismissed a parallel Ohio lawsuit she had filed that June.

At the heart of the Nutricost lawsuit details is a chemistry problem: the labels advertise 420 mg of magnesium "as magnesium glycinate" in a two-capsule serving, but plaintiffs allege it is physically impossible to fit that much magnesium glycinate — a bulky, low-concentration form — into the size-00 capsules Nutricost uses. The second amended complaint brought nine counts; the seven that remained after a California plaintiff dropped her claims arise under New York, Ohio, and Colorado consumer-protection and warranty law, including New York General Business Law §§ 349 and 350. Represented by Lemberg Law, LLC, the plaintiffs reached a settlement after Nutricost answered the complaints and the parties held a full-day mediation before retired Magistrate Judge Leonidas Papas. Case documents were hosted at the official settlement website, CohenMAG.com.

Lawsuit Name
Dalit Cohen, et al. v. eSupplements, LLC d/b/a Nutricost
Court
U.S. District Court, Eastern District of New York (Central Islip)
Case Number
2:23-cv-06387-NJC-AYS
Judge
Hon. Nusrat J. Choudhury (Mag. Judge Anne Y. Shields)
Plaintiffs
Dalit Cohen, Anastasia Kurtz, Tina Scott
Key Allegation
Nutricost allegedly sold magnesium glycinate supplements with far less magnesium than the 420 mg promised on the label.

Nutricost Class Action Settlement - $1,835,000

Nutricost agreed to an all-cash Nutricost settlement fund of $1,835,000 to resolve the lawsuit's magnesium mislabeling claims, and the court granted preliminary approval on May 7, 2026. The claim deadline was August 7, 2026. New claims can no longer be filed.

This Nutricost lawsuit settlement amount is a common fund — there is no separate voucher or product component. The fund covers class member payments along with attorneys' fees (class counsel planned to request up to one-third of the fund), settlement-administration costs, and incentive awards of up to $10,000 for each of the three class representatives. Whatever remains is the net amount distributed to eligible claimants.

Nutricost settlement eligibility was broad: anyone who, while living in the United States, bought Nutricost Magnesium Glycinate Supplements in the 240-capsule or 120-capsule size during the class period of February 1, 2021, through June 8, 2026. Nutricost denies any wrongdoing and maintains its labeling has always complied with federal dietary-supplement regulations; the company agreed to settle to avoid the cost and uncertainty of continued litigation rather than admitting fault. The court held the final approval hearing on October 15, 2026, and has not yet ruled.

Claims closed: August 5, 2026

Nutricost Magnesium Supplements Class Action Payout: Up to $19.95 Per Unit

How much an eligible claimant could receive from the Nutricost settlement depends on whether they had a claim ID and PIN from the administrator. Each "Award Unit" is worth up to $19.95. Claimants who filed with a valid claim ID and PIN were eligible for one Award Unit for every supplement shown in the sales records the parties hold. Claimants who filed without one were eligible for a single Award Unit. The exact figure is pro-rated — the net fund is divided by the total number of supplements in valid claims — so the value of each unit may land below the $19.95 cap if claims run high.

Payments are made to eligible claimants only after the court grants final approval. The court held the final approval hearing on October 15, 2026, and has not yet ruled. Under the settlement agreement, the fund is due 15 days after the settlement's effective date, and the administrator then issues payments. Claimants could choose a mailed check or an electronic payment by selecting that option on the claim form; checks must be cashed within 60 days or they become void, with any leftover funds redistributed or sent to a court-approved charitable recipient. For questions about a Nutricost settlement payment, contact JND Legal Administration at 1-888-337-8438. Filing required no receipt — the no-proof option was built into the claim form.

Mislabeled Supplement Settlements

Balance of Nature	Fruit/veggie supplements challenged over unsubstantiated content and health claims
$30.00
Nutricost
$25.00
Nutricost
$65.00
Average Payouts

Nutricost Magnesium Supplements Class Action Eligibility

You may have been a Nutricost class action claimant if you bought Nutricost Magnesium Glycinate Supplements while living in the United States during the class period. Nutricost class action eligibility is not limited to a single state — the case brought New York, Ohio, and Colorado claims together, and the settlement class covers purchasers nationwide, so where you lived in the U.S. didn't disqualify you, and you didn't need a receipt to file.

You qualified if:

  1. You purchased the supplement while residing in the U.S.
  2. Your purchase fell between February 1, 2021, and June 8, 2026.
  3. You bought the 240-capsule or 120-capsule variant.
You purchased the supplement while residing in the U.S.
Your purchase fell between February 1, 2021, and June 8, 2026.
You bought the 120-capsule or 240-capsule variant.

FAQ

Plaintiffs argue magnesium glycinate is too low in magnesium concentration to deliver 420 mg in two size-00 capsules. To hit that number you'd need a denser form like magnesium oxide — so the label's "as magnesium glycinate" claim is allegedly impossible.

No. Class members could file without proof of purchase and were still eligible for one Award Unit worth up to $19.95. A valid claim ID and PIN made a claimant eligible for one unit per supplement purchased, as shown in the sales records the parties hold.

Each Award Unit is worth up to $19.95. The actual amount is the net fund divided by the total number of supplements in valid claims, so a high claim volume could push the value of each unit below that ceiling.

According to the complaint, magnesium glycinate is known as a highly absorbable form of magnesium, and a supplement facts panel declares the amount of elemental magnesium in the product. The plaintiffs say magnesium glycinate is only 14.1% magnesium, so Nutricost's capsules could not hold the 420 mg claimed.

Class counsel at Lemberg Law planned to request up to one-third of the $1,835,000 fund — roughly $611,000 — plus costs. The court decides the amount. It held the final approval hearing on October 15, 2026, and has not yet ruled.

Dalit Cohen, Anastasia Kurtz, and Tina Scott planned to request incentive awards of up to $10,000 each for representing the class, in addition to the award units they could claim as class members. These awards require court approval.

Yes. Beyond Cohen's New York case, plaintiff Kurtz filed a separate action in the Northern District of Ohio on June 18, 2024, then dismissed it in October 2024 and joined the New York case, which was amended twice to bring in the Ohio and Colorado claims.

Settlement checks expire 60 days after issue. Uncashed funds may be redistributed to claimants who did cash their checks, and any remainder goes to a court-approved charitable (cy pres) recipient.

No. Nutricost denies all wrongdoing and maintains its labeling complied with FDA dietary-supplement rules at all times. It agreed to settle solely to avoid the expense and risk of continued litigation.

Sources

These are the court's own records for this case. They are hosted here unchanged, so you can check anything on this page against the documents themselves.

The full case file is on the court docket: view the docket.

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