January 22, 2014 — USPLabs has filed a motion (PDF) with the Judicial Panel on Multi-district Litigation (JPML) to consolidate nine lawsuits involving Jack3D and OxyElite Pro into a Multi-District Litigation (MDL) for coordinated pre-trial proceedings.
USPLabs alleges that the actions are “virtually identical” and all contain factual issues related to the regulatory actions of the U.S. Food and Drug Administration (FDA). The FDA took action to remove OxyElite Pro and Jack3D in 2012 and 2013, including several warning letters.
At least 30 plaintiffs are involved in six individual product liability lawsuits and three class action lawsuits. The cases are pending in seven different federal courts from Hawaii to Pennsylvania, overseen by eight different judges.
USPLabs is asking the JPML to centralize the litigation before one judge in a district court, either the Western District of Texas (where USPLabs is headquartered) or the Eastern District of Pennsylvania (where another defendant, GNC, is headquartered).
All of the lawsuits accuse USPLabs of negligence for selling dangerous ingredients in Jack3D and OxyElite Pro. One of these ingredients, DMAA (1,3-dimethylamylamine), is a synthetic stimulant drug that was banned after being linked to heart attacks, cardiac arrest, psychiatric disorders, and several deaths.
However, according to the motion, USPLabs still believes OxyElite Pro and Jack3D are safe:
“Although the products were safe, effective, and legal, the company ultimately decided for business reasons to phase out products containing DMAA and replace them with an advanced formula.”
The “advanced formula” in re-formulated OxyElite Pro contained aegeline, another illegal ingredient that was not approved by the FDA. Within months of its release, an epidemic of liver damage was reported, with the majority of cases in Hawaii. By October, at least 50 people were diagnosed with acute hepatitis (liver inflammation) after taking OxyElite Pro, including several who needed liver transplants and one woman who died.
Do I have a Jack3D or OxyElite Pro Lawsuit?
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