A class action lawsuit recently filed in California claims that Hydroxycut products are defective and dangerous and were not clinically proven or safe as advertised by Iovate Health Sciences and other manufacturers. This lawsuit is the latest of several already filed and additional lawsuits are expected.
California product liability class action
The latest product liability class action lawsuit filed over Hydroxycut products (which include dietary, weight loss and muscle building supplements) alleges that the manufacturers, Iovate Health Sciences USA Inc. (Blasdell, N.Y.); Iovate Health Sciences Inc., (Ontario, Canada); and MuscleTech Research and Development, Inc. (Ontario, Canada), advertised their products as being clinically tested and safe, yet those claims were false. In fact, the lawsuit claims that the products were actually defective and dangerous and have caused serious health risks such as hepatotoxicity – which is chemically driven liver damage. Specifically, it alleges that the companies:
violated various states’ deceptive trade practices acts,
misrepresented their products,
engaged in fraudulent, false and misleading advertisements,
were unjustly enriched by distributing a product about which they had been making unsubstantiated claims of safety and effectiveness.
The U.S. Food & Drug Administration (FDA) received complaints from Hydroxycut users about liver damage and the manufacturers recalled many of those products in May 2009. To see which products were recalled, click here.
Similar lawsuits filed in Canada, GA, TN & TX
Lawsuits with similar allegations have been filed against the manufacturers in Canada, Georgia, Tennessee and Texas and product liability lawyers handling Hydroxycut lawsuits expect more to be filed in the future. Here's what the filed suits are about:
Canada: A Canadian class action lawsuit was filed on behalf of consumers who bought Hydroxycut products after May 1, 2003. It alleges the company failed to include a warning label about the possible risks of severe side effects and seeks at least $20 million in compensatory and punitive damages.
Georgia: An individual was injured and alleges that the manufacturers were negligent, failed to worn and breached warranty claims.
Tennessee: The lead plaintiffs purchased Hydroxycut products before the recall was announced. The class action accuses Iovate of negligence, breach of warranties, failure to warn, fraud and unjust enrichment.
Texas. A young man died of liver failure after he took Muscle Tech Hydroxycut Hardcore in November of 2006.
