Class action settlement announced in lawsuit regarding OxyELITE Pro

by Jim Orr

If you bought OxyELITE Pro, Jack3d, and/or VERSA-1, you could be entitled to a refund. A settlement has been proposed in a class action lawsuit against USPlabs, LLC and GNC Corporation involving the dietary supplements.

The class action lawsuit claims that USPlabs and GNC made misleading or false statements about the lawfulness, safety, and effectiveness of the supplements. Plaintiffs allege the defendants sold the supplements, which contain dimethylamylamine, better known as DMAA, and aegeline, despite widespread reports that the products cause severe liver damage.

The proposed settlement class includes consumers who purchased one or more bottles of the relevant products in the United States starting from August 17, 2012. Under the terms of the settlement, USPlabs and GNC have agreed to create a settlement fund of $2,000,000. The fund will be used to pay valid refund claims, the costs to administer the settlement, reasonable attorneys’ fees and costs, and incentive awards to the named plaintiffs who filed and pursued the case.

More information about the settlement, including specific instructions about how to file a claim, object, or ask to be excluded are available at The case is Velasquez, et al. v. USPlabs, LLC and GNC Corporation, Northern District of Florida No. 4:13-cv-00627.

Heygood, Orr & Pearson fights for victims of defective drugs

Patients who used over-the-counter supplements such as OxyElite Pro dietary supplements or other dangerous drugs may be eligible to file a lawsuit against the manufacturer. If you have been hurt after using dietary supplements like OxyElite Pro, the first step in determining whether you may have a case is to speak with a lawyer about your legal rights.

The lawyers at Heygood, Orr & Pearson have based their careers on the notion that when corporations manufacture and sell drugs or other products that cause injuries, illnesses, or deaths, they should be held accountable for their actions in a court of law. Over the last few years, we have collected more than $200 million for our clients in lawsuits relating to defective pharmaceutical products.

Each of our three partners—Michael Heygood, Jim Orr, and Eric Pearson—has been chosen by their fellow attorneys as Super Lawyers in the state of Texas for several years in a row.* Additionally, our law firm is AV-rated, the highest rating awarded by the nation’s leading law firm rating service, Martindale-Hubbell.

To receive a free legal consultation about your case, contact our office by calling toll-free at 1-877-446-9001. You can also reach us by following the link to our brief case evaluation form on this site.


* Michael Heygood, James Craig Orr, Jr. and Eric Pearson were selected to the Super Lawyers List, a Thomson Reuters publication, for the years 2003 through 2013.