Nutrex Must Face DMAA Class Action Lawsuit

According to the Nutrex DMAA class action lawsuit, filed in March by Plaintiff Stephen Rush, Nutrex and its founders violated several California fair business laws, including the Consumers Legal Remedies Act, Unfair Competition Act and the False Advertising Law, by marketing the supplements as safe despite allegedly knowing the products were both ineffective and dangerous because they contained DMAA – a chemical stimulant banned in professional sports.

Rush claims in the Nutrex class action lawsuit that he and his girlfriend bought two Nutrex products – Hemo Black Rage Ultra Concentrate and Lipo 6 Black Hers Ultra Concentrate – and used them for over a month. The couple claims they felt jittery, had a racing pulse, had anxiety, and felt exhausted if they didn’t use the products.

Rush says he was unaware the Nutrex supplements contained DMAA or that DMAA can cause stroke or death.

DMAA has been the target of numerous class action lawsuits recently after the FDA warned diet supplement manufacturers earlier this year to immediately cease distribution of supplements containing the stimulant. According to the FDA, synthetically produced DMAA is “not a dietary ingredient and is not, therefore, eligible to be used as an active ingredient in dietary supplements.” The agency also raised serious safety concerns about the stimulant, saying it can cause dangerous increases in blood pressure that could lead to a “cardiovascular event.”

At least one other DMAA class action lawsuit has been filed against Nutrex. That case is Jason McKenna v. Nutrex Research, Inc.

Nutrex’s motion to dismiss Rush’s class action complaint was denied last week by U.S. Magistrate Laurel Beeler, who said the company failed to directly address any of Rush’s claims.

“If Nutrex has not challenged all theories supporting Rush’s claims, then the claims survive and the court does not need to address Nutrex’s arguments on the merits,” Beeler wrote.

Rush is seeking to represent a proposed class of all California residents who purchased Hemo Black Rage Ultra Concentrate and Lipo 6 Black Hers Ultra for personal use within the past four years. He is also seeking general damages, special damages, punitive damages, restitution and other relief.

A copy of his Nutrex DMAA Class Action Lawsuit can be read here.

The case is Stephen J. Rush v. Nutrex Research, Inc., et al., Case No. 12-cv-1060, U.S. District Court, Northern District of California, San Francisco Division.