The Dietary Supplement and Education Act of 1994 labels any substance, besides tobacco, that contains amino acid, vitamin, botanical, and a combination of those ingredients a dietary supplement. When dietary supplements have cause side effects, consumers may be able to sue because the product is defective.
What Are Jack3d and OxyElite?
These are popular brand name dietary supplements. They are sold as a way to increase energy and burn fat. Many people take them as a pre-workout booster. They contain DMAA, this ingredient has caused life-threatening side effects in people who have consumed the product.
What Is DMAA?
DMAA is a dietary supplement containing a synthetic drug. The synthetic drug contains stimulants similar to ephedrine and amphetamines.
What Are the Side Effects of DMAA?
Side effects of DMAA include:
- Cardiac arrest
- Elevated blood pressure
- Heart attack
- Heart failure
- Irregular heart beat
- Unexplainable itching
Why Does DMAA Cause Side Effects?
The substance is known to cause a narrowing of the arteries and blood vessels. This narrowing is known as vasoconstriction. During a workout, a person’s blood pressure naturally increases. Unfortunately, DMAA increases the blood pressure level to a life-threatening level.
Can I Sue the Dietary Supplement Maker for Making a Defective Product?
Yes. A defective product is any type of product that causes an injury to someone. They injury caused is generally due to one or more of the following:
- Defective design
- Faulty labeling
- Defective manufacturing
When a product is deemed defective the manufacturer, distributor, designer, or retailer is held liable. This means the individual harmed by the product can sue.
What Do I Need to Prove to Win a DMAA Case?
A plaintiff must prove the following before they can recover money for their injury:
- The supplement manufacturer knew or should have known that the dietary supplement containing DMAA was dangerous
- The manufacturer failed to provide an adequate warning regarding the dangers of DMAA
- The plaintiff was harmed by consuming DMAA in a way that could have been avoided if they had been properly warned about the dangers of it
Should I Contact a Lawyer about a DMAA Claim?
Yes. If you have been injured by the DMAA ingredient, contact a defective products lawyer. The lawyer can also help you file a wrongful death claim if your loved one died after taking the supplement.