The lawsuits are currently pending in five different district courts against GNC Holdings, Inc., a nationwide distributor of dietary supplements, and USPlabs, LLC, the manufacturer of OxyElite Pro.
This is the second time the U.S. Judicial Panel on Multidistrict Litigation (JPML) has denied a request to centralize the litigation in California or Texas, and for much the same reasons.
Most importantly, the number of lawsuits has not grown significantly. Although 11 new lawsuits have been filed, lawyers for two firms are already informally coordinating and the cases are already pending under one judge in Hawaii.
In April, the JPML argued that centralization was not appropriate because the lawsuits involve different formulations and side effects of OxyElite Pro.
GNC and USPlabs are accused of selling defective and unreasonably dangerous supplements. The original formulation of OxyElite Pro contains DMAA (1,3-dimethylamylamine), an unapproved stimulant that was linked to cardiovascular events.
After the FDA cracked down on DMAA, USPlabs fought the FDA for about a year before agreeing to reformulate the supplement. Unfortunately, OxyElite Pro was re-formulated with aegeline, another unapproved ingredient that was linked to an outbreak of liver damage. Dozens of people were injured and one woman died in Hawaii.
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