Consumers Challenge DMAA Safety After DOD Bans Products
This article was originally published in The Tan Sheet
Complaints against GNC Holdings Inc., manufacturer Cellucor Sports Nutrition and Woodbolt Distribution and against USPLabs rely on DOD’s decision to ban sales of the product at military exchanges and moves by Canadian regulators to support their arguments.
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FDA warning letters, FTC consent orders, Lanham Act litigation and National Advertising Division reviews all provide fodder for attorneys looking to bring consumer product lawsuits. While some case settlements come with large monetary payments, injunctive components also are common and often costly.
DoD suspends DMAA sales at military stores after regulators in Canada and New Zealand restricted access and as some U.S. firms change how they market and label the ingredient. These moves and the potential for an FDA review could lead to enforcement against DMAA similar to the 2004 ban against ephedra’s use in supplements.