The Judicial Panel on Multidistrict Litigation (JPML) has issued an order denying the request of USPlabs, LLC to transfer nine actions pending before six federal district courts to a multidistrict litigation court (mDl) for pre-trial proceedings. In re OxyElite Pro & Jack3d Prods. Liab. Litig., MDL no. 2523 (J.P.M.L., order entered april 2, 2014).
According to the panel, “[a]lthough all actions allege that various usplabs products are unsafe, . . . it appears that the different formulations of the products will not give rise to substantially overlapping discovery, particularly in light of the differences in the health risks alleged and the distinct regula- tory responses to the Dmaa and aegeline products. additionally, the three consumer class actions raise a unique threshold issue with respect to the alleged impact of a state court class settlement agreement reached in 2012.” JPML encouraged the parties to “employ various alternatives to transfer which may minimize the potential for duplicative discovery and/or inconsistent pretrial rulings.”
The lawsuits allege false advertising and personal injury from the use of oxyelite pro and Jack3d products made with the stimulant dimethylamyla- mine (Dmaa) and personal injury allegedly caused by oxyelite pro with aegeline, a plant extract. the products at issue are no longer on the market since the U.S. Food and Drug administration (FDa) took action in 2012 and 2013 advising consumers not to buy or use DMAA-containing products. Details about FDA’s action and product forfeiture actions taken by federal prosecutors appear in issue 5 of this Report.