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DMAA Supplement Maker Must Face Class Action Lawsuit

Filed June 19th, 2012 Laurie

Dietary supplement manufacturer Nutrex Research is facing a class-action lawsuit alleging the company’s product contains a powerful stimulant that has been banned by professional sports.

In March, Stephen Rush said Nutrex and its founders violated California’s fair business laws by marketing Hemo Black Rage Ultra Concentrate and Lipo 6 Black Hers Ultra Concentrate as safe muscle builders even though they knew the products were ineffective and dangerous because of the chemical stimulant DMAA.

DMAA has been banned by several countries and Major League Baseball. The stimulant, also known as geranamine, is becoming popular with young people as a party drug.

Rush and his girlfriend bought and used both products for a month and a half. They began to feel jittery, had feelings of anxiety and a racing pulse, and felt exhausted if they did not use the products every day.

Rush claims he did not know the products contained DMAA or that it could cause stroke and death.
U.S. Magistrate Laurel Beeler refused to dismiss the case on Wednesday and said Rush failed to address any of Rush’s claims, “which is the ordinary way of challenging claims in a complaint.”

“Rush represented specifically in his complaint that he was not suing under the FDCA or doing anything other than availing himself of consumer protections available under California law,” according to the decision, abbreviating the Food, Drug & Cosmetic Act. “In its motion, Nutrex either sets up narrow challenges … or argues legal concepts like preemption and primary jurisdiction on a very high level with modest analysis.”

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