November 27, 2013 – In the wake of this month’s nationwide OxyElite Pro recall, the supplement’s manufacturer now faces a class action lawsuit over a false and misleading advertising campaign. The complaint was filed against Dallas-based USPlabs LLC and GNC Corporation in the U.S. District Court for the Northern District of Florida on November 13. In addition to the new OxyElite Pro class action lawsuit, USPlabs faces numerous individual lawsuits filed in courthouses around the country on behalf of individuals who suffered serious liver injuries after taking the controversial pre-workout dietary supplement.
Update 4/16/14: Earlier this month, a panel of federal judges denied a motion by the makers of OxyElite Pro and Jack3d to transfer and consolidate a number of products liability lawsuits to federal court in Philadelphia. The litigation contends that the supplements contained altered ingredients that were unsafe and unapproved by the FDA, leading to a nationwide hepatitis outbreak. Click here to learn more.
Free Confidential Lawsuit Evaluation: If you or a loved one has developed liver damage, liver failure, or hepatitis after taking OxyElite Pro, you should contact our law firm immediately. You may be entitled to compensation by filing a suit and our lawyers can help.
What’s the Problem?
A group of four plaintiffs seek to bring an OxyElite Pro class action lawsuit on behalf of all consumers who purchased the product, focusing on the use of 1,3-dimethylamylamine (DMAA), which is a “long forgotten, ineffective, extremely dangerous and potentially lethal ingredient,” according to the complaint.
DMAA is classified as sympathomimetic drug, and belongs to the same class of substances as ephedrine and amphetamines. The plaintiffs claim that OxyElite Pro and Jack3d (another bodybuilding supplement made by USPlabs) may cause serious cardiovascular problems including:
- elevated blood pressure
- increased heart rate
- heart attack
- atrial fibrillation
- loss of consciousness
- other issues
OxyElite Pro and Jack3d also also contain caffeine, which is known to intensify the effects of sympathomimetics. DMAA has been outlawed in a number of countries, and was placed on Major League Baseball’s banned substances list.
According to allegations raised in the new class action lawsuit, USPLabs and GNC used deceptive marketing claims to market OxyElite Pro and Jack3d, including statements which described the supplements as “university studied,” “scientifically reviewed”, supported by “clinical studies” and “proven to be safe and effective.” The plaintiffs contend that these statements are false and lack any tangible substantiation.
In response to the controversy surrounding DMAA, the U.S. Food & Drug Administration (FDA) banned the ingredient nationwide in April 2012. A year later, after determining that at least 60 illnesses and deaths had been caused by DMAA-containing products, the FDA issued a warning indicating that the substance is too dangerous to be used in dietary supplements.
Nationwide OxyElite Pro Liver Failure Outbreak
More recently, a new ingredient contained in OxyElite Pro, aegeline, has been linked to serious health concerns. A growing number of reports have surfaced, first in Hawaii and then all around the country, of OxyElite Pro users who were diagnosed with acute hepatitis and liver failure after taking the supplement.
To date, nearly 60 cases of OxyElite Pro-induced liver damage have been identified by state and federal health authorities, leading to a removal of the product from the market and indications from the manufacturer that it will further reformulate the supplement before re-introducing it.
The FDA had the authority to force the OxyElite Pro recall because it was found to contain aegeline, an unapproved ingredient that made the product adultered. While the administration does not approve dietary supplements before they reach the market, if a new ingredient is included, it is the manufacturer’s responsibility to provide information concerning the safety before it can be sold. FDA was able to ban OxyElite Pro because aegeline was used without proper notification and approval. USPLabs has also promised to destroy all its remaining inventory of aegeline-containing products.
Do I Have an OxyElite Pro Lawsuit?
The Product Liability & Defective Drug Litigation Group at our law firm is an experienced team of trial lawyers that focus on the representation of plaintiffs in OxyElite Pro Lawsuits. We are handling individual litigation nationwide and currently accepting new OxyElite Pro liver damage, liver failure, and hepatitis cases in all 50 states.
Free Confidential Case Evaluation: Again, If you were injured by OxyElite Pro side effects, you should contact our law firm immediately. You may be entitled to compensation by filing an suit and we can help.