Facts

A consumer class action was filed against Nutrex Research Inc. and Vitamin Shoppe Inc. for allegedly selling diet supplements containing dimethylamyllamine (DMAA), a dangerous performance enhancing substance. DMAA was a popular bodybuilding supplement that was banned by the World Anti-Doping Agency as a performance-enhancing substance.

In March 2012, Rochelle Ibarolla bought Lipo-6 Hers Ultra Concentrate from Vitamin Shoppe. The bottle did not indicate DMAA as an ingredient. One month later, the FDA issued a warning to the supplement maker, Nutrex, that there was no history of use or other evidence of safety establishing that DMAA's safety. The FDA then declared six Nutrex products containing DMAA to be adulterated, including the product Ibarolla purchased, prompting her to file this class action.

Result

U.S. District Judge Marvin Aspen ultimately dismissed the matter for lack of proof that Nutrex knew that the performance-enhancing substance was dangerous.