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Diet pills sold in New Jersey target of class-action suit

A New Jersey resident has filed a suit in federal court that claims a certain brand of diet pills caused liver damage. The suit names General Nutrition Center Holdings Inc. and USPSLabs LLC as defendants.

The filed complaint alleges that a brand of supplement known as OxyElite Pro, which was marketed as safely producing energy, increasing mental focus and increasing weight loss, actually caused harmful reactions in people that used the product as directed. The suit also contends that the company that manufactured the supplement, USPSLabs, and the company that sold them, GNC, were aware of the problems and failed to inform customers or take action to provide relief to those who had been or could be harmed by the product. The plaintiff points to a warning sent to USPSLabs by the Food and Drug Administration on April 27, 2012 regarding the inclusion of a chemical known as dimethylamylamine, or DMAA, in the product. The complaint alleges that the defendants caused economic and physical damages and emotional distress to class members, as well as being unjustly enriched at their expense.

There is, at law, a concept called the implied warranty of merchantability. Most simply stated, this is a promise that, when a merchant places a product for sale, the product is fit for the purposes for which it is sold. This concept is codified in the Uniform Commercial code, which most U.S. states have adopted in one form or another. In cases such as the above, where a product has caused harm to those who bought it and used it correctly, buyers may be entitled to compensation from the seller and/or manufacturer, for damages that they suffered.

Many products in the marketplace can cause harm. Sometimes this is due to a defect in the manufacture of an individual product and sometimes the product is simply not designed well enough, making every one of that type of product dangerous. When products fail in their intended purpose, they can cause the user to incur economic loss in the form of medical expenses or loss of income and can also cause pain and suffering to the individual. It is important that those who have been harmed by defective products, whether the problem is one of design or manufacture, explore their legal options for a products liability lawsuit and attempt not only to gain recompense for their own injuries, but hold companies responsible so as to deter them from placing defective products in the stream of commerce that may harm others.

Source: legalnewsline.com, “Class action says OxyElite Pro caused liver damage,” Kyla Asbury, Jan. 30, 2014

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