A DMAA class action lawsuit has been given a green light, which means that makers of DMAA diet supplements will be facing class-action claims against products containing a powerful and controversial stimulant.
Nutrex Research and its founders allegedly violated California’s fair business laws by marketing DMAA supplements as being safe muscle builders, according to the complaint. Claims have been made that the products are ineffective and dangerous due to their containing the chemical stimulant, said Courthouse News. DMAA supplements have been banned in professional sports, specifically Major League Baseball, and a number of countries.
Stephen Rush and his girlfriend (Rush represents the class of Nutrex users), said they purchased two Nutrex’s products—Hemo Black Rage Ultra Concentrate and Lipo 6 Black Hers Ultra Concentrate—taking them for one and a-half months, said Courthouse News. The couple said that in addition to feeling jittery, they suffered from feelings of anxiety and racing pulse, and also suffered from exhaustion whey they did not take the DMAA products. DMAA is also known as geranamine. Rush said he was unaware that the products contained DMAA and that DMAA can lead to stroke or death.
The federal magistrate, Laurel Beeler, refused to dismiss the class action and noted that Nutrex neglected to directly address any of Rush’s claims, writing “If Nutrex has not challenged all theories supporting Rush’s claims, then the claims survive and the court does not need to address Nutrex’s arguments on the merits,” wrote Courthouse News. Beeler added that, “The court’s analysis here is sufficient. Nutrex’s motion to dismiss fails because it does not challenge all theories supporting Rush’s claims. Thus, the court need not address Nutrex’s theory-based (or sometimes fact-based) challenges.
DMAA pre-workout and fat-melting supplements have been used by bodybuilders to obtain a sense of energy that many feel provides them with drive and mental focus. The supplement, however, is being criticized by regulators and others over its links to adverse physical reactions. Some experts say the chemical is marketed like a natural geranium substance but is, in fact, a pharmaceutical compound that requires more stringent federal oversight.
DMAA, or 1,3-dimethylamylamine or methylhexaneamine, received its patent decades ago as a nasal decongestant and is similar in composition to ephedrine and amphetamine. Today, DMAA can be found in over 200 products.
In April, the U.S. Food & Drug Administration (FDA) directed 10 manufacturers of DMAA supplements to stop distributing their products until they can provide evidence of the additive’s safety. The manufacturers claim and promote their DMAA-containing products as possessing medical qualities that can help in weight loss. The agency believes DMAA causes a narrowing of the arteries, which can lead to heart attacks, stroke, or even sudden death; does not consider synthetically produced DMAA to be a “dietary ingredient”; and said DMAA has not been proven to be safe.
DMAA-containing supplements have been implicated in the recent deaths of two U.S. soldiers who had traces of the chemical in their systems following their post-workout deaths on military bases. DMAA supplements have also been linked to other, less serious complications sufficiently significant to warrant a warning letter from the FDA. Complications cited included panic attacks, dizziness, and seizures.