If you are considering filing an OxyElite Pro lawsuit, you have come to the right place. This article will explore the allegations contained in the OxyElite Pro lawsuit. The Allegations include the product’s ingredients and marketing claims, as well as deceptive practices. If you have not read the lawsuit yet, you may want to read it now. The following article discusses the main points in the OxyElite Pro lawsuit.
Allegations in OxyElite Pro lawsuit
Following the nationwide recall of the weight-management supplement OxyElite Pro, two people have filed lawsuits against USPlabs and GNC Holdings Inc. Allegations in the OxyElite Pro lawsuit state that the product caused severe liver damage to Everine Van Houten and Kenneth Waikiki, causing them to visit the emergency room several times a week. Both suffered from liver damage and required transplants. Their lawsuits allege strict liability, negligence, and breach of warranties.
In 2013, GNC Holdings Inc. pleaded guilty to conspiracy to introduce misbranded food into interstate commerce. It admitted to importing supplements with false or misleading labels. It recalled OxyElite Pro in 2013 because of a liver injury investigation. In the meantime, the lawsuits continue. Although USPLabs has not responded to a request for comment, the company has filed similar lawsuits against other companies and individuals.
Ingredients in OxyElite Pro supplement
The OxyElite Pro supplement was sold as a “super thermogenic fat burner” and marketed as a way to increase metabolic function and muscle-building benefits from working out. However, recent reports have shown that the supplement contains a synthetic form of DMAA, which is linked to life-threatening side effects. In addition, OxyElite Pro has also been linked to an outbreak of liver damage in some users.
According to the OxyElite Pro supplement lawsuit, USPlabs used synthetic chemicals in the OxyElite Pro supplement, including fluoxetine, an active ingredient in the anti-depressant Prozac. USPlabs is now facing a class action lawsuit and several individual lawsuits. However, GNC does not appear to be liable for the alleged misbranding, as it acted solely on the written guarantees from USP Labs.
Marketing of OxyElite Pro as a natural supplement
The Food and Drug Administration recently announced its investigation of USPlabs, the company that makes OxyElite Pro. The investigation revealed that OxyElite Pro contains synthetic stimulants and fluoxetine, an active ingredient in the antidepressant Prozac. In the past, herbal dietary supplements have been a source of serious injury, including the infamous Hydroxycut. Since then, there have been more than two dozen reports of serious liver injuries.
But the marketing of OxyElite Pro as a natural supplement is deceptive. The company began selling OxyElite Pro in China in 2013, with cynachum auriculatum, a chemical known to cause liver toxicity. In addition, USP Labs instructed its Chinese chemical suppliers to issue false certificates of analysis and misbranded its ingredients as ethanol extract. This misrepresentation of the ingredients has led to consumers being duped into purchasing OxyElite Pro.
Allegations of deceptive practices
The OxyElite Pro lawsuit claims that USPlabs LLC, the manufacturer of the supplement, falsified documents to get around government regulations, misrepresented the ingredients, and sold the product to consumers as a natural product. The company claims that its products contain plant extracts, but the facts show that they are not. Instead, these products contain a synthetic stimulant produced in a Chinese chemical factory.
OxyElite Pro was recalled by the Food and Drug Administration in 2013. The FDA conducted an investigation into the product, and the company was linked to a cluster of hepatitis cases. The FDA has the authority to recall the product, and the FDA is enforcing the recall through law. This is the second time that the FDA has used its recall authority.
Allegations of product liability
The USPlabs supplement has been linked to an outbreak of hepatitis in Hawaii, resulting in one death, two liver transplants, and dozens of illnesses. Plaintiffs in an OxyElite Pro lawsuit alleging the company was negligent in warning consumers of the risk of liver damage. After the recall, the company reached a settlement with class members in California and is considering a motion to consolidate the lawsuits.
The FDA warned that the dietary supplement contained Angeline, a synthetic version of a natural extract. The FDA has deemed aging illegal, and this fact could serve as evidence that the product is dangerous. However, to prove the product was dangerous, the person must have been using it in a manner intended by the manufacturer. The FDA has also warned that an intentional overdose of a supplement would not constitute “ordinary use” of the supplement.