Class Action Settlement Payments Mailed in ‘Dangerous’ Diet Supplement Row

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Payments from a class action settlement involving allegedly misleading labels for OxyELITE Pro, Jack3d and VERSA-1 diet supplements were mailed to consumers last week, according to an update from Settlement Administrator Kurtzman Carson Consultants, LLC.

The checks, mailed April 27, are averaging $36.77, according to reports from Top Class Actions viewers to our Facebook page.

The money is from a 2013 class action lawsuit accusing USPlabs LLC and GNC Corp. of making false and misleading statements in their labeling and/or advertising regarding the lawfulness, safety, and effectiveness of OxyELITE Pro, Jack3d, and VERSA-1 dietary supplements.

Plaintiffs alleged the defendants failed to warn consumers that the products contained DMAA or aegeline, which have been linked to severe liver damage.

OxyELITE Pro was voluntarily recalled in November 2013 following a warning letter from the FDA that the dietary supplement was linked to dozens of cases of acute liver failure and hepatitis, including one death and “illnesses so severe that several patients required liver transplants,” the FDA said.

USPlabs and GNC Corp. denied the allegations and any wrongdoing but agreed to a $2 million class action settlement in September 2014 to resolve the litigation.

Consumers who purchased one or more bottles of the diet supplements in the United States since Aug. 17, 2012 were eligible to claim $35 per bottle or container of OxyElite Pro purchased and/or $20 per bottle or container of Jack3d or VERSA-1 purchased, if they submitted a claim form by Feb. 2, 2015. [See our claim filing instructions here.]

The Settlement Agreement stated that the actual amount of money distributed to Class Members would be reduced pro rata  in the event that the number of valid and approved claims exceeded the amount available in the class action settlement fund.

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.