January 22, 2014 — USPLabs, LLC, the manufacturer of Jack3D and OxyElite Pro supplements, has filed a motion (PDF) requesting the centralization of lawsuits in a Multi-District Litigation (MDL) for coordinated pre-trial proceedings.
The actions consist of six individual product liability lawsuits, three class action lawsuits, and more than 30 plaintiffs. The lawsuits are currently pending before eight different judges in seven different federal courts from Hawaii to Pennsylvania.
USPLabs has requested that the Judicial Panel on Multidistrict Litigation (JPML) should transfer these actions before a single judge. They have requested district courts in the Eastern District of Pennsylvania or the Western District of Texas. USPLabs is located in Texas. The other major defendant, GNC, is located in Pennsylvania.
Each lawsuit alleges that USPLabs was negligent for selling Jack3D and OxyElite Pro with dangerous ingredients, like DMAA (1,3-dimethylamylamine), a synthetic stimulant drug that was first popularized by sports-doping chemists.
USPLabs defends the safety of OxyElite Pro and Jack3D, stating:
“Although the products were safe, effective, and legal, the company ultimately decided for business reasons to phase out products containing DMAA and replace them with an advanced formula.”
One of these “advanced formulas” was aegeline, an unapproved ingredient that was used to re-formulate OxyElite Pro. Soon after aegeline was introduced, dozens of people in developed liver damage, including several who needed liver transplants and one woman who died. While most of the injuries occurred in Hawaii, cases were also reported on the mainland United States.
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