Class action lawsuit filed RE ephedra

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    Class action lawsuit filed RE ephedra


    If the FDA doesn't ban ephedra first, lawsuits could induce manufacturers to stop producing ephedra. From the Natural Products Industry Insider Newsletter:

    CHICAGO--A class action lawsuit was launched against approximately 16 ephedra manufacturers across the United States--possibly the first such suit in the supplement industry. The complaint names Metabolife International, Twin Laboratories, Rexall Sundown and Cytodyne, in addition to other ephedra power players such as Herbalife, Next Protein, EAS and Bioplex Nutrition.

    Chicago-based Kenneth B. Moll & Associates filed the class action suit May 12 in the U.S. District Court for the Northern District of Illinois to recover damages for such incidences as death, personal injuries, restitution and refunds. In a press release, Moll stated, "Our main goal is to inform consumers of the serious dangers associated with ingesting ephedra and to have all products containing ephedra removed from the market because the risks of death and serious injury outweigh its minimal effectiveness."

    The class action's goals include having defendants cease and desist manufacturing and selling ephedra dietary products; informing the public that ephedra consumers are at an increased risk of cardiac complications; providing compensation to all victims for death and personal injuries; setting up a fund for all ephedra users for medical monitoring; and reimbursing monies to ephedra consumers.

    Three plaintiffs are named in the suit. One plaintiff suffered a seizure, allegedly because of ephedra; another suffered heart complications, supposedly as a result of ephedra; and the third suffered from such ailments as heart palpitations and anxiety, purportedly because of ephedra. Moll & Associates could not be reached for comment regarding the medical accuracy of these allegations.

    According to Marc Ullman of New York-based Ullman, Shapiro & Ullman, this may be the first class action lawsuit launched against a group of ephedra manufacturers. Prior, single-company class action suits have been waged against companies such as Cytodyne.

    Calls to Twin Laboratories and Cytodyne were not returned by press time; Rexall Sundown and Metabolife had no comment "on pending litigation." In the face of the mounting controversy behind ephedra, both Twin Laboratories and Rexall Sundown had recently stopped sale of ephedra supplements.

    The court action took place just a week after GNC announced it would also discontinue the sale of all ephedra-based products. "We believe that ephedra-based products are safe when used as directed," said Michael K. Meyers, president and chief executive officer of General Nutrition Corp. (www.gnc.com). "Nonetheless, the current business climate dictates that we move in a different direction." GNC will remove all ephedra products from store shelves on June 30.

    In related news, on May 12 the state Senate of California approved a ban of ephedra-based products, which was approved by 24 Democrats and 14 Republicans. The bill, SB 582, was introduced by Sen. Jackie Speier (D-San Francisco) (http://democrats.sen.ca.gov/senator/speier). The bill now goes before the state Assembly, where it will be read yet again and possibly amended, according to a spokesperson for Speier.

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    Originally posted by GuyinLA
    If the FDA doesn't ban ephedra first, lawsuits could induce manufacturers to stop producing ephedra. From the Natural Products Industry Insider Newsletter:

    CHICAGO--A class action lawsuit was launched against approximately 16 ephedra manufacturers across the United States--possibly the first such suit in the supplement industry. The complaint names Metabolife International, Twin Laboratories, Rexall Sundown and Cytodyne, in addition to other ephedra power players such as Herbalife, Next Protein, EAS and Bioplex Nutrition.

    Chicago-based Kenneth B. Moll & Associates filed the class action suit May 12 in the U.S. District Court for the Northern District of Illinois to recover damages for such incidences as death, personal injuries, restitution and refunds. In a press release, Moll stated, "Our main goal is to inform consumers of the serious dangers associated with ingesting ephedra and to have all products containing ephedra removed from the market because the risks of death and serious injury outweigh its minimal effectiveness."

    The class action's goals include having defendants cease and desist manufacturing and selling ephedra dietary products; informing the public that ephedra consumers are at an increased risk of cardiac complications; providing compensation to all victims for death and personal injuries; setting up a fund for all ephedra users for medical monitoring; and reimbursing monies to ephedra consumers.

    Three plaintiffs are named in the suit. One plaintiff suffered a seizure, allegedly because of ephedra; another suffered heart complications, supposedly as a result of ephedra; and the third suffered from such ailments as heart palpitations and anxiety, purportedly because of ephedra. Moll & Associates could not be reached for comment regarding the medical accuracy of these allegations.

    According to Marc Ullman of New York-based Ullman, Shapiro & Ullman, this may be the first class action lawsuit launched against a group of ephedra manufacturers. Prior, single-company class action suits have been waged against companies such as Cytodyne.

    Calls to Twin Laboratories and Cytodyne were not returned by press time; Rexall Sundown and Metabolife had no comment "on pending litigation." In the face of the mounting controversy behind ephedra, both Twin Laboratories and Rexall Sundown had recently stopped sale of ephedra supplements.

    The court action took place just a week after GNC announced it would also discontinue the sale of all ephedra-based products. "We believe that ephedra-based products are safe when used as directed," said Michael K. Meyers, president and chief executive officer of General Nutrition Corp. (www.gnc.com). "Nonetheless, the current business climate dictates that we move in a different direction." GNC will remove all ephedra products from store shelves on June 30.

    In related news, on May 12 the state Senate of California approved a ban of ephedra-based products, which was approved by 24 Democrats and 14 Republicans. The bill, SB 582, was introduced by Sen. Jackie Speier (D-San Francisco) (http://democrats.sen.ca.gov/senator/speier). The bill now goes before the state Assembly, where it will be read yet again and possibly amended, according to a spokesperson for Speier.

    **sigh** i think they need to consider banning everything...that way if we dont ever eat or drink anything, everybody will starve to death and no one will have to worry about any harmful effects from a product.
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    Bastards! Why the hell do they wanna ban everything now a days. ECA's have done more good than bad, and they're safe when used as directed as long as the person doesn't have major health problems
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    All casue that damn overweight, underfed, history of illnes pitcher for the orioles took too many the rest of us have to suffer--what ever happened to personal responsibility.
    oh well at least i know my future career will be prosperous. one more year and im a bonafide lawyer
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    It's just so odd the plantiffs complaints can hold water......


    I saw a teenager about 6 months ago who had just had her first child. She suffered from epileptic seizures.

    Her father told me she had become pregnant as a result of the seizure medication reducing the effectiveness of her birth control pills.


    He went on to say the Dr. never warned her about this risk and knew she was sexually active. After she became pregnant , the Father sued the Dr. for negligence.........and lost. To me, this case held some merit.

    But consumers who are alert and oriented to person , place , and time......who can make their own choses of what to buy.....do not assume responsbility for their choses. How does the court know they took it as directed and didn't double it or triple the dose. Americans do have that little nasty habit of thinking .......if one is good........two is better.

    I feel I have no one to blame but myself if I don't research what medications I take.......
    and take it responsbility or suffer the consequences at my own hand.


    ps..........and they do make Ephedra Free Metabolife.
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    also has much to do with prescrip pharmaceutical ephedrine products, don't forget. the establishment fights like a bitch to protect its own, and a few dumb people dying from misuse can easily be sensationalized as an excuse in the old "interest protection" game. it's not a big deal really, almost always simply a matter of time with these types of things... not like it will ever be hard to acquire or anything... just funny to watch yet another spectacle over something like this
  

  
 

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