USPlabs, LLC, the manufacturer of OxyElite Pro and Jack3d, requested the centralization of nine lawsuits pending in six district courts. They requested federal courts in the Eastern District of Pennsylvania or the Western District of Texas.
The lawsuits include both individual personal injury lawsuits and false-advertising class actions involving original and re-formulated versions of OxyElite Pro and Jack3D. USPlabs argued that all of the lawsuits claim the products are unsafe and rely on the same timeline of FDA actions.
The JPML denied the motion because judges were not persuaded that centralization is necessary for convenience or efficiency of the litigation. On the contrary, Jack3D and OxyElite Pro have different formulations, different health risks, and will not have substantially overlapping discovery. In addition, the three class actions raise unique legal issues because there was a class action settlement in 2012.
The JPML also denied USPlabs’ invitation to establish three separate MDLs to compensate the differences in the lawsuits. The number of lawsuits is not expected to grow significantly because USPlabs destroyed their inventory of DMAA. In addition, liver injuries linked to OxyElite Pro with aegeline are already being coordinated in Hawaii.
Instead of an MDL, the panel recommends voluntary coordination among the parties instead of centralization in federal court.
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