Class Action Settlement Reached over OxyElite Pro, Jack3d Supplements

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GNC Holdings Inc. and USPlabs LLC have agreed to a class action settlement over the sale of OxyElite Pro and Jack3d supplements that have been linked to liver damage, according to documents filed Monday in Florida federal court.

OxyElite Pro and Jack3d have been targeted by several class action lawsuits, which are currently pending in six different federal courts. Dallas-based supplement manufacturer USPlabs attempted to centralize the class action lawsuits, but the motion was denied by the U.S. Judicial Panel on Multidistrict Litigation in April.

The Florida class action lawsuit alleged GNC sold the dietary supplements despite the fact that they have been widely reported to cause liver damage. Both OxyElite Pro and Jack3d contain dimethylamylamine (DMAA) and aegeline.

Earlier this month, the plaintiffs filed an amended OxyElite Pro/Jack3d class action lawsuit alleging USPlabs and GNC violated several Florida consumer protection laws by manufacturing, marketing and selling the supplements but failing to warn that the products contain DMAA and aegeline. The plaintiffs allege these ingredients are known to pose a health hazard.

On Monday, the plaintiffs filed a motion asking a judge to grant preliminary approval to the OxyElite Pro/Jack3d class action settlement. “Plaintiffs’ Counsel has concluded that a settlement with Defendants on the terms set for the herein is fair, reasonable, adequate, and in the best interests of the Settlement Class in light of all known facts and circumstances,” the motion says.

Although the defendants have agreed to pay $2 million settle the Florida class action lawsuit, they have continued to deny the allegations. However, they agreed to the deal to avoid the expense, burden and time necessary to litigate the class action lawsuit.

Under the terms of the proposed class action settlement, Class Members include anyone who purchased OxyElite Pro or Jack3d in the United States since Aug. 17, 2012. Class Members will be eligible to receive refunds of $35 per container of OxyElite Pro purchased and $20 per container of Jack3d. There will be no limit to the amount of compensation Class Members who submit proof of purchase can receive; however, Class Members without proof of purchase can receive only up to $150 from the class action settlement.

More information about the Jack3d/OxyElite Pro class action settlement was not immediately available. Keep checking TopClassActions.com or sign up for our free newsletter for the latest updates. You can also mark this article as a “Favorite” using your free Top Class Actions account to receive notifications when this article is updated.

The plaintiffs are represented by Aashish Yadvendra Desai of the Desai Law Firm PC and Philip T. Howard of Howard and Associates PA.

The OxyElite Pro/Jack3d Liver Damage Class Action Lawsuit is Velasquez, et al. v. USPLabs LLC, et al., Case No. 4:13-cv-00627, in the U.S. District Court for the Northern District of Florida.

UPDATE: Instructions on how to file a claim for the USPlabs supplement class action settlement are now available! Click here or visit www.USPlabsClassAction.com for details.

UPDATE 2: Class action settlement payments averaging $36.77 were mailed to approved claimants on April 27, 2015.