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Saturday March 20, 2010

Legal NewsFor the consumer

Hydroxycut Injury Lawsuits Consolidated Into So. Cal. MDL

Sixteen federal lawsuits filed by users of Hydroxycut dietary supplements for liver disease, cardiovascular damage, and other serious injuries allegedly caused by the popular fat-burning and muscle-building products have been consolidated into a multidistrict litigation (MDL) in the Southern District of California.

The United States Judicial Panel on Multidistrict Litigation said the lawsuits seeking financial compensation and other damages for injuries “share factual questions regarding the manufacturing, marketing and/or safety profile of certain Hydroxycut-branded products.”

Joining the similar cases into a single group for pre-trial motion rulings, discovery, and other preliminary matters presided over by a single federal court judge will “serve the convenience of the parties and witnesses and promote the just and efficient conduct of this litigation,” the panel said.

The consolidated lawsuits include separate cases filed in the Southern District of California (three cases), the Northern District of Alabama (two cases), the District of New Jersey (two cases), and one case each in the Middle District of Alabama, the Eastern District of California, the Northern District of California, the Southern District of Florida, the Northern District of Illinois, the Eastern District of Louisiana, the District of Massachusetts, the Middle District of Tennessee, and the Western District of Wisconsin.

The Hydroxycut MDL will be presided over by the Honorable Barry Ted Moskowitz in San Diego, according to the panel’s Oct. 6 order.

The maker of Hydroxycut products, Iovate Health Sciences Inc. of Canada and its subsidiaries, CVS Pharmacies, Vitamin World Inc., Walgreen Co., Wal-Mart Stores Inc., and more than a dozen other retailers who sold or distributed the over-the-counter products are all named as defendants in the consolidated lawsuits.

Hydroxycut Products Recalled in May 2009

More than a dozen Hydroxycut-brand products were ordered recalled on May 1, 2009 after the Food and Drug Administration said it had received 23 reports of serious health problems associated with the products. The injuries included jaundice and elevated liver enzymes, which can be an indication of liver injury in users.

At least one Hydroxycut user died as a result of severe liver damage and another consumer suffered liver damage serious enough to require a liver transplant, the FDA said at the time of the recall.

The following Hydroxycut products were recalled:

• Hydroxycut Regular Rapid Release Caplets

• Hydroxycut Caffeine-Free Rapid Release Caplets

• Hydroxycut Hardcore Liquid Caplets

• Hydroxycut Max Liquid Caplets

• Hydroxycut Regular Drink Packets

• Hydroxycut Caffeine-Free Drink Packets

• Hydroxycut Hardcore Drink Packets (Ignition Stix)

• Hydroxycut Max Drink Packets

• Hydroxycut Liquid Shots

• Hydroxycut Hardcore RTDs (Ready-to-Drink)

• Hydroxycut Max Aqua Shed

• Hydroxycut 24

• Hydroxycut Carb Control

• Hydroxycut Natural

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