February 19, 2014 — GNC Holdings, Inc., has been hit with an OxyElite Pro class action lawsuit in New Jersey federal court. The putative class action was also launched against USPLabs, LLC, the Dallas-based manufacturer of OxyElite Pro.
The product was recalled last year after dozens of people suffered liver damage, including one woman who died. OxyElite Pro was also linked to a string of cardiovascular events when it contained DMAA (dimethylamylamine), an illegal synthetic stimulant drug.
Experts now believe that aegeline, an unapproved ingredient in OxyElite Pro, likely caused the liver injuries. The victims may have had a genetic susceptibility to the fat-burning ingredient, since most were of Pacific Islander ancestry and almost all were overweight.
The OxyElite Pro Class Action Lawsuit is Sandeep Barot v. USPLabs LLC, et al., Case No. 1:14-cv-00562, in the U.S. District Court for the District of New Jersey.
The class action was filed on January 27. The lead plaintiff, Sandeep Barot, says he purchased OxyElite Pro Super Thermo capsules every two months from March 2010 through October 2011 from a GNC store in New Jersey.
Although he did not suffer liver damage, he says he would not have purchased the product if he had known about the health risks associated with DMAA and aegeline. Furthermore, Sardot alleges that USPLabs and GNC knew or should have known about safety hazards of OxyElite Pro, but failed to provide adequate warnings to consumers.
According to the complaint:
“[Plaintiffs] did not bargain for a product that causes adverse health effects in exchange for their payment of purchase price. … Defendants USPLabs and GNC marketed and sold the product without a proper and adequate warning, and without modifying the product so it could be fit for human consumption.”
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