Soldier's Parents File Wrongful Death Lawsuit against USPlabs, GNC

SAN DIEGOThe parents of a deceased soldier have filed a wrongful death lawsuit in California state court against USPlabs, the developer of the energy and pre-workout dietary supplement Jack3d.

Jack3d contains the controversial stimulant known as dimethylamylamine or DMAA.

USPlabs and GNC, where 22-year-old Michael Sparling purchased the supplement at Fort Bliss in El Paso, Texas, have been accused of deceptively marketing Jack3d as safe and effective, failing to warn consumers about the potential health risks, according to The New York Times.

Laura Brophy, a spokesperson for GNC, said the company does not comment on pending litigation. USPlabs did not immediately respond Friday afternoon to an emailed request for comment. Natural Products Insider was unable to immediately obtain a copy of the lawsuit from the plaintiffs' counsel, Anne Andrews of the Irvine, Calif.-based law firm Andrews & Thornton.

In 2011, Sparling collapsed during a moderate workout with his unit, and died at a hospital several hours later of respiratory failure and cardiac arrest, the Times reported, citing the lawsuit. The soldier was said to have previously taken the recommended dose of Jack3d.

The case highlights skepticism surrounding the safety of DMAA. Several class-action lawsuits have alleged DMAA is a synthetic product that is unsafe. The substance is known to narrow arteries and blood vessels, potentially leading to such adverse effects as shortness of breath and a heart attack, according to FDA. Pieter Cohen, assistant professor of medicine with Harvard Medical School and general internist with Cambridge Health Alliance, last year called for a ban of the substance.

"At best, DMAA is a waste of money and at worst, it can damage your health," he reportedly wrote in a letter that was published in the Archives of Internal Medicine.

FDA isn't supportive of DMAA either. In warning letters sent last year to several companies including USPlabs, the agency contended DMAA products are on the market illegally because it hasn't received evidence that they are safe. FDA said it had received reports potentially linking the substance to cardiac disorders, nervous system disorders, psychiatric disorders and death.

Jack3d has won awards based on customers' votes for "Best Pre-Workout" and "Best Energy Supplement", according to USPlabs. Customers are warned not to take the supplement with caffeine or any other stimulants. The product already contains caffeine, according to USPlabs.

"Before using this product consult with your physician if you are using any prescription or over the counter medication or if you have any pre-existing medical condition including but not limited to: high or low blood pressure, cardiac arrhythmia, stroke, heart, liver, kidney or thyroid disease, seizure disorder, psychiatric disease, diabetes, difficulty urinating due to prostate enlargement or if you are taking a MAOI (Monoamine Oxidase Inhibitor) or any other medication," USPlabs states in a warning.