Pre-workout supplements are enthusiastically ingested in beverage and capsule form by people wanting to maximize fat loss and muscle development. The stimulant effect of pre-workout supplements supports longer, more intense workouts. Sadly, this comes with risks. Deaths have been linked to pre-workout supplement use. In order to successful proceed with a wrongful death suit, certain legal points must be proven in court. A recent dismissal of a wrongful death suit may lead potential plaintiffs to assume their cases have no merit. The merit of the case may weigh heavily on proving the ingredients violate federal law and pose inherent risk.
A Discouraging Lawsuit Dismissal
A high-profile lawsuit was filed against the company USPlabs when a soldier died after taking a pre-workout supplement made by the company. The wrongful death suit, however, was dismissed. The judge ruled evidence reflected "unreliable underlying studies" and could not effectively prove the case.
The dismissal should not automatically discourage potential plaintiffs. The particulars of one case may not apply to a different civil action. Before making any determination of case merit, three aspects should be closely examined to determine liability.
- Inclusion of Improper Ingredients
Per federal law, supplements promoted as "natural products" can be comprised of "only dietary ingredients." When a supplement company chooses to market products that do not solely contain dietary ingredients, the potential for a favorable outcome in a lawsuit is possible. Oxilofrine is frequently administered to patients under anesthesia. The FDA has stated the stimulant should not be used in fat burning supplements. Manufacturers and distributors who continue to promote this product could be held liable for adverse reactions.
- Presence of Drug-Oriented Components
Scientists have performed research on a number of pre-workout supplements, and some discovered "methamphetamine-like compounds." Such compounds have been referred to as designer drugs. Specific ingredients may currently fall under the category of "dietary ingredients" and are legal, but the status changes in time. If the law changes, the sale of the product must cease. Besides the criminal potential of continuing to sell a reclassified drug, civil liability doors open as well.
- Establishment of Credible Research
The USPlabs lawsuit was dismissed, essentially, because there was a lack of credible research submitted to establish adverse health risks. Such may not be the case with other supplements. In fact, depending upon the particulars of a case, significant credible research may be available.
If a loved one has passed away after taking any type of workout supplement, speak to a wrongful death attorney like one from Fitzsimmons & Vervaecke Law Firm. An experienced attorney is more than capable of determining the merits of a case.