What is the current status of the Hydroxycut products liability class action lawsuit? Is it too late for me to join?

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Question: What is the current status of the Hydroxycut products liability class action lawsuit?  Is it too late for me to join?

Response:  If you have sustained harm from the use of any of the “Hydroxycut” family of products, you should consult with one of the products liability attorneys representing class action and/or individual plaintiffs in your jurisdiction.  It may be too late for you to become members of some classes, but not others – it will depend on factors such as when you discovered the damage to your body caused by the drug(s), when you learned of the class action litigation, etc.  Note that the Food and Drug Administration issued an explicit warning consumers to immediately stop using Hydroxycut and related products on May 1, 2009, on the same date that the manufacturer issued its market recall.

You and your attorney can also discuss whether you should sue the makers of Hydroxycut as an individual plaintiff.  Both individual and class action lawsuits have been filed against the manufacturers of Hydroxycut.  A Canadian class action lawsuit 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.  The lead plaintiffs in a Tennessee class action purchased

Hydroxycut products before the recall was announced; they accuse the manufacturer of negligence, breach of warranties, failure to warn, fraud and unjust enrichment.  Perhaps the most recent class action lawsuit was filed in a Los Angeles federal court in June 2009.  Among other things, the petition alleges that a teenage Hydroxycut user died in 2007 after developing liver failure, but the death was not reported to the Food and Drug Administration until last March.  The lawsuit also alleges violations of state deceptive practices laws, misrepresentation, false advertising and unjust enrichment. 

The lead plaintiff in the class action is seeking compensatory, equitable, declaratory and injunctive relief for himself and others in the class.  Additionally, an individual in Georgia has alleged that the manufacturers were negligent, failed to worn and breached warranty claims; there is also an wrongful death case pending in Texas in the wake of the death of a young man who died of liver failure after taking Muscle Tech Hydroxycut Hardcore in November 2006.

Answered by Jamilla Moore

Additional Resources: Food and Drug Administration Hydroxycut Warning

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