Hydroxycut Maker Named in Class-Action Lawsuits

Two class action lawsuits have been filed accusing the recalled Hydroxycut weight-loss products of causing deadly liver damage and other severe complications.

The suits, filed in Tennessee and in Canada where Hydroxycut’s maker, Iovate Health Sciences, is based, claim the company failed to warn users of the risks of injury.

The Hydroxycut products were recalled on May 1, 2009 after they were linked to dozens of cases of liver damage, jaundice, and other related injuries. In one case, a 19-year-old Hydroxycut user died in 2007 after developing liver failure, but the death was not reported to the FDA until March 2009.

The Food and Drug Administration said at least 23 Hydroxycut users complained of suffering liver damage linked to the dietary supplements. Some of those now suing the company in Tennessee also suffered from nausea, vomiting, abdominal pain, fatigue, and headaches, according to the suit.

Use of Hydroxycut also has been associated with heart failure, seizures, and rhabdomyolysis, a type of muscle disease which causes muscle fibers to break down and be released into the bloodstream. Rhabdomyolysis may lead to kidney failure.

Suits Allege Negligence, Other Violations

In the Tennessee lawsuit, the lead plaintiffs purchased Hydroxycut products before the recall was announced. The case accuses Iovate of negligence, breach of warranties, failure to warn, fraud, unjust enrichment, and violations of the state’s Food, Drug and Cosmetic Act.

The Canadian suit was filed on behalf of consumers who bought Hydroxycut products after May 1, 2003. It alleges the company failed to include a warning label about the possible risks of severe side effects and seeks at least $20 million in compensatory and punitive damages.

Hydroxycut was a blockbuster weight-loss and muscle-building line of products that earned about 90 percent of all sales of weight-loss supplements. About nine million units of Hydroxycut products were sold in 2008, officials said.

Solider Injury Reported

In other Hydroxycut news, Robert Tropea, an Army radio operator, reportedly had to be medically discharged due to a severe case of rhabdomyolysis which developed after taking Hydroxycut for about three months in 2007, according to a report in the Los Angeles Times. Tropea reportedly developed dark, black urine and muscle aches before tests revealed he had severe liver and muscle damage.

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