Nutrex Research, maker of DMAA-containing dietary supplements, will face class action allegations including that the drug maker violated California fair business laws by marketing the DMAA containing supplements as safe, when in fact the makers knew that the products were ineffective and unsafe because of the powerful stimulant.
The plaintiff, Stephen Rush, said in the lawsuit that he and his girlfriend used two Nutrex products for less than two months, and experienced feelings of anxiety, had racing pulses, felt jittery, and suffered fatigue if they did not use the products. Rush said he was unaware that the products, Hemo Black Rage Ultra Concentrate and Lipo 6 Black Hers Ultra Concentrate, contained DMAA, and did not know that DMAA could cause stroke and even death.
According to Courthouse News, U.S. Magistrate Laurel Beeler wrote that Nutrex failed to directly address Rush’s claims, saying, “If Nutrex has not challenged all theories supporting Rush’s claims, then the claims survive and the court does not need to address Nutrex’s arguments on the merits.
“Nutrex’s motion to dismiss fails because it does not challenge all theories supporting Rush’s claims.”