April 8, 2014 — Federal judges have denied a motion to centralize nine lawsuits and class actions involving OxyElite Pro and Jack3D into a Multi-District Litigation (MDL).
The U.S. Judicial Panel on Multidistrict Litigation (JPML) issued the order after finding that the actions were not similar enough to justify centralization in federal court. Instead, they recommended voluntary coordination among the parties.
USPlabs, LLC, the manufacturer of OxyElite Pro and Jack3d, is facing six personal injury lawsuits and three product liability lawsuits involving dozens of plaintiffs. They argued that centralization was appropriate because all of the lawsuits allege that Jack3d and OxyElite Pro are unsafe, and they all rely on the same timeline of FDA actions. USPlabs requested either the Eastern District of Pennsylvania or the Western District of Texas.
The JPML disagreed, finding that Jack3d and OxyElite Pro have different formulations and health risks. In addition, it is unlikely that they will have substantially overlapping discovery. The three class actions will also present unique legal challenges because USPlabs already settled a false-advertising class action in 2012.
It is unlikely that the number of cases will grow substantially. USPlabs has already destroyed their inventory of DMAA and they have stopped selling OxyElite Pro with aegeline. Lawsuits involving liver injuries from OxyElite Pro have already been coordinated in the District of Hawaii.
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