USPLabs sells a variety of energy and weight loss dietary supplements under the brand name of OxyElite Pro™ through GNC, which are dangerous, sold pursuant to deceptive and unfair practices, and not fit for their intended purpose.
The Product is intended to safely provide weight loss, energy, and mental focus. However, it instead causes severe adverse health effects. Plaintiff, and all other similarly situated consumers, did not bargain for a Product that causes adverse health effects in exchange for their payment of the purchase price.
According to the complaint, several adverse reactions have been reported from consumers who have purchased and ingested the Product, including, but not limited to serious liver injury wrongful death.
USPLabs and GNC had and has actual knowledge of the Product’s shortcomings but failed to timely act to adequately warn consumers of: the unfitness of the Product; the extreme adverse side effects associated with the Product; or provide adequate relief to the putative Class of consumers who purchased the Product.
Plaintiff alleges that the Product does not work as impliedly warranted and as a result, misleads consumers into purchasing it.
Class: All United States persons who, within the applicable statute of limitations, purchased the Product, for personal use and not resale, through and to the date Notice is provided to the Class.