Anne Bucher  |  October 30, 2014

Category: Closed Class Actions

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This settlement is closed!

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OxyELITE Pro & Jack3d

USPlabs LLC and GNC Corp. have agreed to settle a class action lawsuit alleging they made false and misleading statements about the lawfulness, safety and effectiveness of dietary supplements containing dimethylamylamine (DMAA) or aegeline. If you purchased OxyElite Pro, Jack3d and/or VERSA-1, you could be entitled to cash benefits from the class action settlement.

The supplement mislabeling class action lawsuit was initially filed on Nov. 13, 2013 by plaintiffs who alleged they relied on the statements on the products’ labels and advertisements regarding the lawfulness, safety and effectiveness of the USPlabs products. According to the USPlabs class action lawsuit, the allegedly misleading statements violate state consumer protection laws and the Magnusson Moss Warranty Act. As a result, the plaintiffs allege that USPlabs and GNC have been unjustly enriched.

The defendants deny the allegations but agreed to settle the deceptive marketing class action lawsuit to avoid the expense and distraction of litigation. They  have agreed to pay $2 million to resolve the litigation.

Who’s Eligible

You are a Class Member of the supplement mislabeling class action settlement if you purchased one or more bottles of OxyELITE Pro, Jack3d and/or VERSA-1 in the United States since Aug. 17, 2012. You must have purchased the products for personal consumption and not for resale in order to qualify.

Potential Award

Class Members who do not submit proof of purchase will be limited to a maximum payment of $150. However, there will be no limit on reimbursement for product purchases that are corroborated by a purchase receipt.

Class Members who do not submit proof of purchase will be entitled to reimbursement of:

  • $35 per bottle or container of OxyElite PRO purchased;
  • $20 per bottle or container of Jack3d purchased; and
  • $20 per bottle or container of VERSA-1 purchased.

If the claims exceed the amount available in the class action settlement fund, the amount of reimbursement may be adjusted downward on a pro rata basis. However, if the claims do not exceed the amount available in the settlement fund, awards may be adjusted upward and claimants may be eligible to receive a maximum of $300.

Proof of Purchase

Class Members must provide purchase receipts documenting proof of purchase, or provide information about their purchase of USPlabs products, including the quantity purchased, where the purchase took place and the approximate dates of purchase. Class Members must attest under the penalty of perjury that they personally purchased and consumed one or more of the USPlabs products since Aug. 17, 2012.

Claim Form Deadline

2/5/2015

UPDATE: Class action settlement payments averaging $36.77 were mailed to approved claimants on April 27, 2015. 

Case Name

Velasquez, et al. v. USPlabs LLC and GNC Corp., Case No. 4:13-cv-00627, in the U.S. District Court for the Northern District of Florida

Final Hearing

2/26/2015

Settlement Website

www.USPlabsClassAction.com

Claims Administrator

USPlabs Settlement Administrator
P.O. Box 43319
Providence, RI 02940-3319
1-888-936-9033

Class Counsel

HOWARD AND ASSOCIATES PA
DESAI LAW FIRM PC

Defense Counsel

VENABLE LLP

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57 thoughts onOxyElite Pro, Jack3d, VERSA-1 Class Action Settlement

  1. Melissa says:

    I had purchased 3 bottles of oxyelite and one can of Jack 3d…it really messed me up…the jack I puked and my heart raced so bad I had to go to hospital…I didn’t know anything about this. :/ I can even supply proof of purchase and photos of the stuff I still have….is it too late

  2. Patty says:

    32.34 in WA state

  3. Still waiting in Cali. says:

    I am still waiting in Cali. for my check to.

  4. cjd1467 says:

    Received in $36.77 in MA. today.

  5. cjd1467 says:

    received $36.77 in MA. today.

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