November 13, 2014 — USPlabs, LLC has agreed to pay $2 million to settle a false-advertising class action and provide reimbursement to people who purchased OxyElite Pro, Jack3D, and Versa-1.
Our attorneys are not filing a class action — we are filing individual lawsuits on behalf of people with liver injuries or other serious side effects.
The settlement resolves a class action filed in the U.S. District Court for the Northern District of Florida (Velasquez v. USPlabs, LLC, No. 4:13-cv-00627).
USPlabs was accused of made false and misleading statements regarding the lawfulness, safety, and effectiveness of the supplements, which contained DMAA and aegeline. USPlabs did not admit wrongdoing or illegal conduct.
Claimants have until February 5, 2015 to provide proof of purchase, such as a receipt or a statement signed under penalty of perjury. Valid claims are entitled to $35 per bottle of OxyElite Pro, $20 per bottle of Jack3D, and $20 per bottle of VERSA-1, up to a maximum reimbursement of $150.
USPlabs has paid $2 million to settle at least two other nearly-identical class actions. In September 2014, they agreed to pay $2 million to resolve a class action in Florida on behalf of a group of four consumers who purchased OxyElite Pro and Jack3D. In 2012, they paid $2 million to settle false-advertising claims in California.
In January 2014, a putative class action was filed in New Jersey. The plaintiff, Sandeep Bardot, claims he never would have purchased OxyElite Pro if he had known that it contained dimethylamylamine (DMAA), an unapproved stimulant linked to heart problems and other adverse events.
USPlabs re-formulated OxyElite Pro and Versa-1 with aegeline, another unapproved ingredient. In 2013, the supplements were linked to dozens of cases of liver damage and a Hawaii woman’s death from liver failure.
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