A federal class action lawsuit has been filed against USPLabs and GNC Corp. alleging they push OxyElite Pro and Jack3d weight-loss products with false claims and fail to inform consumers they contain an “extremely dangerous and potentially lethal ingredient” — DMMA (1,3- dimethylamylamine).
According to the class action lawsuit, the labels for OxyElite Pro and Jack3d deceptively say the products are “University Studied,” “Scientifically Reviewed,” supported by “clinical studies” and proven to be safe and effective supplements providing weight loss and energy health benefits.
“In reality, no such proof exists,” the class action lawsuit says. OxyElite Pro and Jack3d “are dangerous and not effective, and Defendants lacked any adequate substantiation for their advertising claims, including clinical support. Instead of being the safe and effective weight loss products the Defendants promised, the subject products cause dangerous cardiovascular side effects, including without limitation elevated blood pressure and heart rate, stroke, heart attack, atrial fibrillation, heart palpitations, dizziness, shakiness and loss of consciousness.”
Despite knowing for years that OxyElite Pro and Jack3d can result in severe injury or even death, GNC and USPLabs marketed and sold the products to thousands of unsuspecting consumers, the class action lawsuit continues. Furthermore, while claiming the products are clinically proven to reduce weight, “no such proof exists.”
The OxyElite Pro and Jack3d class action lawsuit is seeking damages, restitution and more for a proposed class of all consumers who purchased the products. It is alleging violations of the Unfair Competition Law and Consumers Legal Remedies Act, breach of express and implied warranties, and unjust enrichment.
A copy of the USPLabs & GNC Jack3d, OxyElite Pro class action lawsuit can be read here.
The case is Christopher Hilken v. USPLabs, LLC and GNC Corporation, Case No. 12-cv-2123 CAB MDD, U.S. District Court, Southern District of California. The Plaintiff is represented by the law firms Andrews & Thornton and Blood Hurst & O’Reardon, LLP.
UPDATE: According to court documents filed on Sept. 22, 2014, USPlabs and GNC have agreed to pay $2 million to settle a class action lawsuit over the sale of OxyElite Pro and Jack3d supplements.
UPDATE 2: 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 3: Class action settlement payments averaging $36.77 were mailed to approved claimants on April 27, 2015.
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12 thoughts onJack3d & OxyElite Pro Are Dangerous, Class Action Lawsuit Says
When they say it causes A FIB is that permanently?? Is there documented cases that jack3d (not oxy), caused a disorder of heart? I will admit I love jack3d, it gives me energy (I suffer from fatigue syndrome), It even helps my depression. If these deaths were caused by Jack 3d or permanent disability of heart is my question? Ofcourse my sympathy goes out to familys effected. You shouldnt have to worry about a supplement on a store shelf killing your child. I think the FDA is the fault though, they allow unregulated products like this I would sue the FDA!!! I’m not a supporter of jack3d either.
UPDATE: Class action settlement payments were mailed to approved claimants on April 27, 2015, according to the Settlement Administrator. Congrats to everyone who got paid!