February 19, 2014 — A putative OxyElite Pro class action lawsuit has been filed in New Jersey against GNC Holdings, Inc., the largest retailer of dietary supplements in the United States, and USPLabs, LLC, the manufacturer of OxyElite Pro.
The lead plaintiff, Sandeep Barot, did not suffer a liver injury after taking OxyElite Pro. However, he purchased 90-count OxyElite Pro Super Thermo capsules from a GNC store in New Jersey every two months from March 2010 until October 2011.
Barot alleges that he never would have purchased OxyElite Pro if he had known that it contained aegeline and dimethylamylamine (DMAA), which are unapproved ingredients in dietary supplements that have been linked to deadly liver injuries and cardiovascular events.
The OxyElite Pro class action, Sandeep Barot v. USPLabs LLC, et al., Case No. 1:14-cv-00562, was filed in the U.S. District Court for the District of New Jersey on January 27. According to the complaint:
“[Plaintiffs] did not bargain for a product that causes adverse health effects in exchange for their payment of purchase price. … Defendants USPLabs and GNC marketed and sold the product without a proper and adequate warning, and without modifying the product so it could be fit for human consumption.”
OxyElite Pro was recalled last year after dozens of people developed liver damage. Most of the injuries were reported in Hawaii, and some experts believe that victims had a genetic susceptibility because many were of Pacific Islander ancestry.
Do I have an OxyElite Pro Class Action Lawsuit?
The Schmidt Firm, PLLC is currently accepting OxyElite Pro induced injury cases in all 50 states. If you or somebody you know has been injured by OxyElite Pro, you should contact our lawyers immediately for a free case consultation. Please use the form below to contact our Dietary Supplement Litigation Group or call toll free 24 hours a day at (866) 920-0753.
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