Table of contents
- Latest Jack3d Lawsuit Updates
- October 15, 2020: Judge Sentences Former USPlabs President Doyle
- October 13, 2020: Judge Sentences Former USPlabs CEO Geissler
- March 13, 2019: Justice Department Announces Guilty Pleas
- February 28, 2019: USPlabs Files Plea Agreement
- January 27, 2016: Court Dismisses Wrongful-Death Suit
- November 17, 2015: Justice Department Announces Indictment
- April 11, 2013: FDA Warns Against DMAA Supplements
- December 18, 2012: Court Approves Hogan Class Settlement
- December 20, 2011: Pacheco Class Action Complaint Filed
- What Is Jack3d?
- Who May Be Affected?
- Reported Injuries or Damages
- Recall and Regulatory Background
- Evidence to Preserve
- Filing Deadlines
- Potential Compensation
- Frequently Asked Questions
- What Did USPlabs Say About Jack3d Safety?
- What Did the USPlabs Executives Admit in the Criminal Case?
- How Much Money Did the Indictment Say USPlabs Made?
- Did Other Countries Ban DMAA Supplements?
- Has USPlabs Paid Settlements to Victims?
- What Does the Research Say About DMAA and Jack3d?
Lawsuits over Jack3d centered on its stimulant, DMAA. The FDA said DMAA could raise blood pressure, potentially causing heart attacks and other health problems. USPlabs made Jack3d and later sold a reformulated Jack3d Micro without DMAA.
Buyers of Jack3d and a soldier’s family sued USPlabs. The two class actions settled, and the wrongful-death suit was dismissed.
In October 2020, a federal judge sentenced two USPlabs executives to prison in a related criminal case. No Jack3d case is open today, and no MDL has been formed.
Latest Jack3d Lawsuit Updates
October 15, 2020: Judge Sentences Former USPlabs President Doyle
On October 15, 2020, a federal judge sentenced former USPlabs president Jonathan Doyle, 41, of Dallas. Doyle received 24 months in prison and a $250,000 criminal fine in the USPlabs criminal case.
The Justice Department announced the sentences the same day, People Newspapers reported [1]. The case was heard in a federal court in Texas. Doyle had earlier pleaded guilty.
October 13, 2020: Judge Sentences Former USPlabs CEO Geissler
On October 13, 2020, U.S. District Judge Sam A. Lindsay sentenced former USPlabs CEO Jacobo Geissler, 44, of University Park. He was sentenced to 60 months and fined $250,000.
The same People Newspapers report said the court ordered USPlabs to forfeit $4.7 million. SK Laboratories was ordered to forfeit $6 million. Both companies were defendants in the criminal case.
March 13, 2019: Justice Department Announces Guilty Pleas
On March 13, 2019, the Justice Department announced guilty pleas in the USPlabs case. Co-defendants Matthew Hebert and Cyril Willson pleaded guilty before Judge Lindsay. They were two of seven co-defendants.
USPlabs, Geissler and Doyle each pleaded guilty to one count of conspiracy to introduce misbranded food into interstate commerce, SupplySide Supplement Journal reported [2]. The company’s plea agreement came first.
February 28, 2019: USPlabs Files Plea Agreement
On February 28, 2019, USPlabs filed a plea agreement in federal court in the Northern District of Texas. It agreed to cease its business activities within 90 days. It also agreed to immediately begin liquidating its inventory.
The same SupplySide Supplement Journal report said the parties agreed USPlabs should be sentenced to two years of probation. The sentencing of the executives came later, in October 2020.
January 27, 2016: Court Dismisses Wrongful-Death Suit
On January 27, 2016, a federal court dismissed with prejudice the wrongful-death suit over the June 2011 death of Private Michael Sparling. The suit named GNC, USPlabs and its executives.
The court had struck the testimony of three plaintiffs’ experts. Defense co-counsel said the case was resolved without the defendants paying money to the plaintiffs, SupplySide Supplement Journal reported [3].
November 17, 2015: Justice Department Announces Indictment
On November 17, 2015, the Justice Department announced an 11-count criminal indictment in federal court in Texas. It named USPlabs, contract manufacturer S.K. Laboratories and company executives.
The charges covered Jack3d and OxyElite Pro. The indictment alleges false labeling of imported ingredients and falsified documents, NutraIngredients reported [4]. The charges are allegations.
April 11, 2013: FDA Warns Against DMAA Supplements
On April 11, 2013, the FDA issued a consumer advisory warning against DMAA-containing supplements such as Jack3d. The agency said it had received reports of 86 health problems, including at least five deaths, since early 2008.
The New York Times reported that such reports do not prove the stimulant directly caused the health problems. The agency also said the stimulant could raise blood pressure [5].
December 18, 2012: Court Approves Hogan Class Settlement
On December 18, 2012, a Los Angeles County Superior Court approved the Hogan v. USPlabs class settlement, NutraIngredients reported [6]. It resolved a series of consolidated complaints.
USPlabs allocated $2 million to the fund. It also agreed to larger warning statements. The company did not admit liability and said it denies all of the legal claims in the case.
December 20, 2011: Pacheco Class Action Complaint Filed
On December 20, 2011, a class action complaint by Johnnie Pacheco was filed in the U.S. District Court for the Central District of California.
The complaint alleged that the DMAA in Jack3d and OxyElite Pro is synthetic, illegal and dangerous. USPlabs said its products were in full compliance, NutraIngredients-USA reported [7]. Pacheco is a named plaintiff in the Hogan case.
What Is Jack3d?
According to NBC News, Jack3d is a popular pre-workout dietary supplement. It is sold as a pink powder in small white canisters. The ingredient that sets it apart is 1,3 dimethylamylamine, or DMAA [8].
According to The New York Times, the FDA said in April 2013 that DMAA did not qualify as a legal dietary supplement ingredient.
Who May Be Affected?
People who took Jack3d or another DMAA pre-workout supplement and had chest pain or a heart event may be affected. So may people who had loss of consciousness, anxiety, vomiting or seizures.
NBC News reported that side effects sent to the FDA also included depression and even death. Buyers of Jack3d or OxyElite Pro between January 1, 2008 and August 17, 2012 made up the closed Hogan class.
Users of the aegeline-based OxyElite Pro in 2013 may also be affected. More than 50 Hawaii residents developed acute hepatitis and liver failure, Military Times reported [9].
Whether a claim fits your facts takes an individual legal review. That review looks at your symptoms, the dates of use and your records.
Reported Injuries or Damages
The Sparling family alleged that Jack3d caused the cardiac arrest and death of 22-year-old Private Michael Sparling on June 1, 2011. Class plaintiffs alleged false safety marketing.
The Defense Department’s 2013 report attributed Sparling’s death to hypothermia. It called the death an accident. A magistrate noted that a Defense Department study found the evidence did not conclusively establish a link between DMAA and adverse events.
The Defense Department removed DMAA products, including Jack3d, from base stores after two soldiers died. A follow-on investigation found insufficient evidence to prove the supplements caused the deaths.
The CDC identified 97 people with acute non-viral hepatitis in a Hawaii outbreak. The FDA’s February 2015 report to Congress said 72 of them reported exposure to an OxyElite Pro product [10]. It used aegeline.
Recall and Regulatory Background
No recall of Jack3d has been announced. The FDA sent warning letters in April 2012 to 10 companies selling DMAA products. All but USPlabs agreed to stop.
New Hope Network reported that the FDA found the information insufficient to defend the use of DMAA [11]. A separate voluntary recall in November 2013 covered OxyElite Pro products containing aegeline. A recall does not prove liability.
Evidence to Preserve
Keep these items together in one safe place, and do not throw anything away:
- Product identifiers: the Jack3d container, label, lot code and flavor, plus any remaining powder.
- Photographs: pictures of the container, label and powder, taken before you discard anything.
- Purchase records: receipts, order emails or card statements showing where and when you bought it.
- Medical records: ER visits, cardiac tests, hospital and pharmacy records dated near your use.
- Communications: messages, emails or calls with the seller, the store or the manufacturer.
- Use notes: the dose, the timing and other supplements or medicines you took.
- Employment or military records: records showing the use was linked to training or work duties.
Filing Deadlines
Filing deadlines come from state law. They vary with where you live and when the injury and its link to the supplement were identified.
Some states start the clock at diagnosis. A missed deadline can end an otherwise strong claim. Speak with a lawyer soon about your dates.
Potential Compensation
Damages a court may consider in a supplement injury case include medical expenses, lost income and pain and suffering. In a death case, they may include funeral costs and loss of support.
In Hogan, claimants without receipts were entitled to $20 per bottle of Jack3d, up to $150. In Velasquez, class members with proof of purchase could receive $20 for every Jack3d product, Truth in Advertising reported [12].
Compensation amounts vary by case. Past results do not guarantee future outcomes. Your medical records and diagnosis shape potential compensation.
Frequently Asked Questions
What Did USPlabs Say About Jack3d Safety?
On Jack3d safety, USPlabs said in April 2013 that it stands by the scientific evidence behind DMAA. The company said it was unaware of a single corroborated serious adverse event when the product was used as directed.
What Did the USPlabs Executives Admit in the Criminal Case?
The USPlabs executives admitted they imported substances with false and misleading labeling. They did so to avoid law enforcement and regulatory attention. Geissler and Doyle made that admission in their guilty pleas.
How Much Money Did the Indictment Say USPlabs Made?
The indictment alleged that USPlabs and co-conspirators made at least $400 million between October 2008 and October 2013. That figure is an allegation from the grand jury indictment. It is not a finding about what Jack3d earned.
Did Other Countries Ban DMAA Supplements?
Other countries have effectively banned DMAA supplements. Health regulators in at least seven countries, including Canada, have taken that step. The bans cover supplements containing DMAA, the stimulant that sets Jack3d apart from other pre-workout products.
Has USPlabs Paid Settlements to Victims?
USPlabs has paid settlements to people who brought legal claims, according to Doyle’s defense lawyer. He told the court in October 2020 that the company had paid $22 million. That is a defense statement and not a court finding.
What Does the Research Say About DMAA and Jack3d?
Research on DMAA and Jack3d has not settled the question of cause. In the Sparling case, three plaintiff experts sought to show DMAA was a likely contributing factor, and the court struck their testimony.