The widow of a 34-year-old who allegedly collapsed from a heart attack and died after using OxyElite Pro®, a fat-burning supplement containing 1,3-dimethylamylamine (DMAA ), has filed a lawsuit in federal court against USPLabs, the company that produces it, and Bodybuilding.com, the company that sold the product on its Website. Battuello v. USPLabs, LLC, 13-4101 (U.S. Dist. Ct., E.D. Pa., filed July 15, 2013).
According to news sources, the decedent died after finishing dinner with his wife in May 2012, and the lawsuit was filed after his family learned that the U.S. Food and Drug Administration (FDA) had recently ordered that the pills be destroyed. FDA has warned consumers that DMAA “can elevate blood pressure and could lead to cardiovascular problems, including heart attack, shortness of breath and tightening of the chest . . . [and] may be particularly dangerous when used with caffeine.” Additional information about FDA’s action appears elsewhere in this Report.
The family’s attorney has reportedly said that toxicology tests showed that the decedent, a physical-fitness buff, had DMAA in his system when he died. The lawsuit alleges that despite a warning currently on USPLabs’ Website about not mixing DMAA and caffeine, the company failed to warn consumers that the product posed a potentially lethal risk. See Philly.com and Daily Mail, July 26, 2013