Class Action Suit Filed Against USPLabs Over DMAA
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.
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