BMPEA Class Action Lawsuit

Update: NutriZone Recalls Supplements Over Potential Salmonella Contamination

April 4, 2018 – Houston, Texas-based NutriZone, LLC, is recalling 4 different supplements over potential contamination with salmonella, according to an FDA Recall Notice issued Tuesday. Products affected by the recall include:

  • Pain Out Maeng Da — Lot #10957
  • Pain Out Thai — Lot #10960-D
  • Pain Out Malay — Lot #10958-I
  • ‘Nirvanio Green Malay — Lot #10958-C

What’s the problem with BMPEA?

β-methylphenethylamine, or BMPEA, is a chemical relative to amphetamine that is contained in a variety of over-the-counter diet pills and sports supplements, according to the New York Times. The ingredient is listed as Acacia rigidula, a shrub that grows in Texas. However, according to a study published in the journal Drug Testing and Analysis, BMPEA can only be produced synthetically, and its safety has not been tested on humans. Concealing an ingredient in this manner often signals that a manufacturer is trying to disguise a chemical additive as a natural botanical extract.

FDA Says Amphetamine-Like Stimulant is Illegal, Sends Warning Letter to Manufacturers

On April 23, 2015, the U.S. Food & Drug Administration (FDA) announced that it had banned the use of BMPEA in dietary supplements and foods. The agency also sent 5 warning letters to manufacturers that have used the supplement in their products. One of the companies, Norcross, GA-based Hi-Tech Pharmaceuticals, made most of the supplements that tested positive for BMPEA in the study.
“While BMPEA was listed as a dietary ingredient on the product labels, the substance does not meet the statutory definition of a dietary ingredient,” FDA said in the letter. “The Federal Food, Drug, and Cosmetic Act defines a dietary ingredient as a vitamin; mineral; herb or other botanical; amino acid; dietary substance for use by man to supplement the diet by increasing the total dietary intake; or a concentrate, metabolite, constituent, extract, or combination of the preceding substances. BMPEA is none of these, rendering misbranded any products that declare BMPEA as a dietary supplement.”

BMPEA Tainted Supplements

  • Jetfuel T-300
  • Jetfuel Superburn
  • Jacked Power
  • Aro Black Series Burn
  • Dexaprine XR
  • MX-LS7
  • Black Widow
  • Lipodrene Hardcore
  • Lipodrene Xtreme
  • Stimerex-ES
  • Yellow Scorpion
  • Yellow nEuphoria
  • Fastin-XR

Critics Say FDA Slow to Act on Dangerous Drugs

In the Drug Testing and Analysis study cited above, researchers said the FDA discovered the presence of BMPEA in dietary supplements in 2013, but failed to warn consumers or pull it off the market.
“The FDA should immediately warn consumers about BMPEA and take aggressive enforcement action to eliminate BMPEA in dietary supplements,” the authors wrote. “Physicians should remain vigilant for patients presenting with toxicity from sports and weight-loss supplements as they might contain undisclosed stimulants, such as BMPEA.”

Illicit Drugs in Dietary Supplements

BMPEA is not the first dangerous substance to be found in dietary supplements. In 2013, the FDA banned 1,3-dimethylamylamine, or DMAA, a stimulant contained in bodybuilding and weight-loss products that was linked to a handful of deaths. The most popular DMAA-containing products were Jack3D and OxyElite Pro, which were made by USPLabs, LLC.

About BMPEA Class Actions

Although we are a nationally recognized class action firm, the Products Liability Litigation Group at our law firm has decided against the filing of a BMPEA Class Action Suit and is currently filing individual claims on behalf of individuals and/or their family members who have been injured after taking a BMPEA-containing supplement.
A class action is a type of lawsuit filed with the court on behalf of large group of people or “class” of individuals that have been injured or wronged. The class is represented by the law firm and the case is generally decided upon a single member of the class who is sometimes referred to as the “class representative or class rep.”

Why Our Law Firm Is Filing Individual Lawsuits Opposed To a Class Action

In some instances, a class action may offer some advantages, as they aggregate a large number of individualized claims into one representational lawsuit. The aggregation can increase the efficiency of the legal process, lower the costs of litigation and in some cases offer the solution to a common problem wherein small recoveries do not provide the incentive for any individual or law firm to file an individual lawsuit.
However, a class action suit can also be a detriment to many class members, as they are often forced into a blanket “low ball settlement” and higher attorney fees. At Schmidt & Clark, LLP we understand that our clients are suffering emotionally and economically due to loss of wages and/or high medical bills and we plan to maximize each client’s recovery by filing individual lawsuits on their behalf.

Do I Have a BMPEA Lawsuit?

The Product Liability Litigation Group at our law firm is an experienced team of trial lawyers that focus on the representation of plaintiffs in BMPEA lawsuits. We are handling individual litigation nationwide and currently accepting new stroke cases in all 50 states.
Free BMPEA Lawsuit Evaluation: Again, if you or a loved one has been injured by a dietary supplement, you should contact our law firm immediately. You may be entitled to compensation by filing a BMPEA suit and our lawyers can help.

FREE Confidential Case Evaluation

To contact us for a free review of your potential case, please fill out the form below or call us toll free 24 hrs/day by dialing: (866) 588-0600.