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July 26, 2012 / Christian Przybylowski

Energy Pill Hit With Class Action Lawsuit

An FDA crackdown on supplements containing a synthetic amphetamine, Dimethylamylamine (DMAA) resulted in federal class actions being filed against seven manufacturers last week. This week, a similar suit was filed against Hi-Tech Pharmaceuticals, the maker of the “Fastin” weight loss energy pill that allegedly contains DMAA.

DMAA is an amphetamine-like substance that purportedly increases metabolism, energy, and weight loss. DMAA comes in both natural and synthetic forms. The FDA has warned that the synthetic form of DMAA can be dangerous. DMAA is a vasoconstrictor, meaning that it narrows blood vessels and arteries, which can elevate blood pressure and potentially lead to heart attacks. The synthetic form has not been approved by the FDA as a dietary ingredient, and is ineligible to be used as an active ingredient in supplements.

The lawsuit claims that Fastin uses a synthetic form of DMAA as an active ingredient, but fails to list it as an ingredient. It alleges further that Fastin is marketed as “probably the cleanest stimulant ever created” without mention or warning of the risks posed by DMAA. The suit seeks damages for violations of California’s False Advertising Act (Business and Professions Code section 17500), Unfair Competition Law (Business and Professions Code section 17200), and Consumer Legal Remedies Act (Civil Code section 1770). The suit also seeks an injunction to prevent more people from purchasing the potentially hazardous product.

Despite the apparent risks, DMAA is still highly used in the weight loss and supplement market. But with the recent rush of law suits targeting major manufacturers, DMAA may not be on the shelves much longer.

If you or a loved one has taken a supplement containing DMAA and been injured, please notify Khorrami, LLP, for a confidential evaluation of your rights.

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