May 4, 2012
SAN FRANCISCOIn the wake of FDA warning letters to DMAA marketers and class action lawsuits filed against the same DMAA companies that received FDA letters, three new class actions were filed by three different California plaintiffs. The suits alleged the defendants bought the DMAA products based on the companies' claims of efficacy and lack of any warning about a dangerous ingredient, DMAA (dimethylamylamine). With these latest class actions, all the recipients of FDA warning letters for DMAA have been sued, with all actions filed by the same law firm, Kirtland & Packard LLP.
As with the suits filed prior, the three new actions cite recent FDA warning letters to the companies, noting the use of synthetic DMAA in the products, which prevents it from being used as a dietary ingredient and renders the products as drugs, not supplements. They further alleged the defendants failed in their responsibility to provide evidence of safety for the DMAA products, as well as submit a new dietary ingredient notification (NDO) to FDA, rendering the products adulterated. Mirroring the earlier class actions, the new lawsuits noted safety concerns as evidenced by the U.S. Military's removal in 2011 of all DMAA supplements from stores on Army, Navy and Air Force bases. The class actions concluded the defendants wrongfully took millions of dollars from consumers in California and nationwide.
Among the three new class actions, Alberto Valadez filed suit against New Jersey-based Dorian Yates Nutrition; Michael Sanchez filed against Nevada-based S.A.N. Nutrition Corp.; and Manuel Avita filed against Florida-based Vital Pharmaceuticals Inc.
For more information, check out the seminar " Claims Substantiation and Compliance ," May 9, from 9am to 11am, at SupplySide MarketPlace in NYC. Speakers include: David Barnes, Ph.D., Director of Research, Standard Process, and Justin J. Prochnow, Esq., Shareholder, Greenberg Traurig LLP.
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