Class Action Suit Filed Against USPLabs Over DMAA - The UltimateFatBurner Blog

Class Action Suit Filed Against USPLabs Over DMAA

This was filed just a few days before Xmas, so it flew right under my radar…

From the complaint filed on Dec. 19 (courtesy of Courthouse News Service):

Plaintiff JOHNNIE PACHECO (“Plaintiff”), individually and on behalf of all others similarly situated, alleges the following on information and belief.

1. USPLabs LLC (“Defendant”) manufactures, markets and sells Jack3d and OxyELITE Pro (collectively “the Products”) as “Ultra-Premium supplements” that can provide “safe and effective” weight loss and muscle building. Defendant claim their Products are “University Studied” and that research supports the efficacy and safety claims about their products. Defendant also advertises the Products as “completely legal.”

2. In reality, both OxyELITE Pro and Jack3d contain an ingredient called 1,3-dimethylamylamine, often referred to as “DMAA.” The form of DMAA Defendant sells in the products is a synthetic form that is both illegal and dangerous. The statements about the Products’ legality, safety and efficacy are false and misleading, and the research relied upon by Defendant is inadequate and/or seriously flawed with regard to Defendant’s claims…

3. Defendant’s misrepresentations regarding the legality, safety and efficacy of Jack3d and OxyELITE Pro were designed to, and did, lead Plaintiff and others similarly situated (collectively the “Class”) to believe that these products were legal, safe and effective. Plaintiff and members of the Class relied on Defendant’s misrepresentations and would not have paid as much, if at all, for the Products but for the Defendant’s misrepresentations.

4. Plaintiff brings this class action lawsuit to enjoin the ongoing deception of thousands of California consumers by Defendant, and to recover the money taken by this unlawful practice.

This is right on the heels of another, similar lawsuit filed against BPI Sports.

More information on the case from Nutraingredients-USA here, here and here.

Author: elissa

Elissa is a former research associate with the University of California at Davis, and the author/co-author of over a dozen articles published in scientific journals. Currently a freelance writer and researcher, Elissa brings her multidisciplinary education and training to her writing on nutrition and supplements.

2 Comments

  1. I heard about this around the time it was filed. I think there will be a lot of questions to be answered by BPI and USP.

    I have used Jacked before and found no side effects at all. I have only used it on a limited basis, but found it alright.

    I’m sure this will probably lead to a ban on DMAA.

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  2. Yep I think in some ways its not ethical to try to pass of DMAA as a safe ingredient, it chemically very similar to amphetamines. Luckily for us the consumer there is a large number of proven safe and effective supplements available on bodybuilding.conm and scientifically proven pre workout supplements.

    So its not all doom and gloom but I agree with you, it will probably spell the end of DMAA.

    Paul’s comments: I’ve removed the self-serving link from your post.

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