The class action lawsuit (PDF) was filed in federal court in the Northern District of Florida in November 2013. The plaintiffs, a group of four consumers, are seeking reimbursement on behalf of the general public who purchased OxyElite Pro and Jack3D.
The plaintiffs allege that USPLabs and GNC misled consumers about the safety of these supplements:
“Defendants’ false and misleading advertising of weight-loss supplements containing a long-forgotten, ineffective, extremely dangerous and potentially lethal ingredient that was patented in 1944 as a nasal decongestant.”
This is not the first time USPLabs has settled a class action lawsuit involving DMAA. In 2012, they agreed to pay $2 million to settle another lawsuit in California. A similar class action was filed in New Jersey earlier this year.
The ingredient is DMAA (1,3-dimethylamylamine), an amphetamine-like stimulant that was popularized in the bodybuilding community by Patrick Arnold, a chemist who served prison time for his role in the BALCO baseball doping scandal.
USPLabs claimed OxyElite Pro and Jack3D were safe and effective because they were “University Studied” and thoroughly tested in clinical trials. However, the truth is that studies have shown that DMAA can increase blood pressure and heart-rate, which can lead to life-threatening adverse events — especially for people who take high doses and then work out intensely.
The FDA cracked down on DMAA in 2012 and asked USPLabs to re-formulated OxyElite Pro and Jack3D. At the time, USPLabs was the biggest manufacturer of supplements containing DMAA. They fought with the FDA for one year before agreeing to re-formulate their products.
Unfortunately, OxyElite Pro was re-formulated with another unapproved ingredient, aegeline, which was linked to an outbreak of liver damage. Dozens of people were injured, three people needed liver transplants, and one woman died. About 50 lawsuits have been filed against USPLabs.
Do I have an OxyElite Pro 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 diagnosed with liver damage or heart problems, 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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