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Ambiguous Nature of Dietary Supplement Leads to Class Action Lawsuit

The regulatory status and safety considerations of several popular sports and weight loss supplements have become the target of a recent class action lawsuit. The U.S. District Court has received two complaints, against USPLabs and BPI Sports, regarding the manufacturing and distribution of a synthetic stimulant that is believed to be both illegal and dangerous. DMAA (1,3 Dimethylamylamine), the active ingredient found in OxyELITE and Jack3d has reportedly been linked to the deaths of two military soldiers. Subsequently, the recent DMAA lawsuit has caused representatives from the U.S. Food and Drug Administration (FDA) to question whether regulatory action is warranted on the use of the questionable stimulant.

Jack3d and OxyELITE were each developed with the intentions of assisting in the development of muscle mass and weight gain. However, the mechanism of action in which results are achieved has become the subject of great concern. There is an ongoing debate whether DMAA, the active ingredient found in these supplements, is a constituent of geranium or synthetically produced. In a statement recently issued by Health Canada, officials acknowledged that DMAA is synthetically manufactured and not a derivative of geranium plants.

If these allegations are true, dietary supplements that contain DMAA are required to receive a drug authorization via federal law. While the FDA has yet to act on the recent findings, they are currently in the process of determining whether future regulations are necessary.

Contributing to the already heated debate are the opinions of several healthcare officials. Evidence suggests that DMAA is the product of synthetic adulterated substances that are disguising themselves as geranium extract to avoid FDA regulations. Ed Wyszumiala, the general manager of dietary supplements at NSF International, acknowledged that “if somebody shows him the evidence proving that DMAA is extracted from geranium oil, stems or leaves, he would love to see it.”

Accordingly, the ambiguous nature of DMAA is the subject of a recent class action lawsuit. Johnnie Pacheco has alleged that Jack3d and OxyELITE contain DMAA in a “synthetic form that is both illegal and dangerous.” The complaint was filed in the US. District Court in the Central District of California against Texas-based USPLabs after a military probe discovered traces of DMAA in the blood of two deceased military soldiers. Subsequently, a decision was made to remove DMAA products from Army and Air Force Exchange Service stores.

Pacheco claims that these dietary supplement manufactures have made false and misleading statements about the supplements’ legality, safety and efficacy. Subsequently, he is seeking damages on behalf of everyone in California who purchased Jack3d and OxyELITE within the past four years.

Do I Have a DMAA Lawsuit?

The trial lawyers at The Senators (Ret.) Firm, LLP have decades of experience navigating through complex legislative and regulatory issues and litigating high stakes cases all over the nation. Our law firm focuses on the representation of plaintiffs in DMAA lawsuits. We are currently accepting new cases in all 50 states.

If you or a loved one has been injured by Jack3d or OxyELITE, you may be entitled to financial compensation. For a free case review, please click the link below or call toll free 24 hrs/day 1-800-773-0849.

Categories: Product Liability
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