Ephedra Manufacturers Face Class Action Suit

CHICAGO--A class action lawsuit was launched against approximately 16 ephedra manufacturers across the United States--possibly the first such suit in the supplement industry. The complaint names Metabolife International, Twin Laboratories, Rexall Sundown and Cytodyne, in addition to other ephedra power players such as Herbalife, Next Protein, EAS and Bioplex Nutrition.

Chicago-based Kenneth B. Moll & Associates filed the class action suit May 12 in the U.S. District Court for the Northern District of Illinois to recover damages for such incidences as death, personal injuries, restitution and refunds. In a press release, Moll stated, "Our main goal is to inform consumers of the serious dangers associated with ingesting ephedra and to have all products containing ephedra removed from the market because the risks of death and serious injury outweigh its minimal effectiveness."

The class action's goals include having defendants cease and desist manufacturing and selling ephedra dietary products; informing the public that ephedra consumers are at an increased risk of cardiac complications; providing compensation to all victims for death and personal injuries; setting up a fund for all ephedra users for medical monitoring; and reimbursing monies to ephedra consumers.

Three plaintiffs are named in the suit. One plaintiff suffered a seizure, allegedly because of ephedra; another suffered heart complications, supposedly as a result of ephedra; and the third suffered from such ailments as heart palpitations and anxiety, purportedly because of ephedra. Moll & Associates could not be reached for comment regarding the medical accuracy of these allegations.

According to Marc Ullman of New York-based Ullman, Shapiro & Ullman, this may be the first class action lawsuit launched against a group of ephedra manufacturers. Prior, single-company class action suits have been waged against companies such as Cytodyne.

Calls to Twin Laboratories and Cytodyne were not returned by press time; Rexall Sundown and Metabolife had no comment "on pending litigation." In the face of the mounting controversy behind ephedra, both Twin Laboratories and Rexall Sundown had recently stopped sale of ephedra supplements.

The court action took place just a week after GNC announced it would also discontinue the sale of all ephedra-based products. "We believe that ephedra-based products are safe when used as directed," said Michael K. Meyers, president and chief executive officer of General Nutrition Corp. (www.gnc.com). "Nonetheless, the current business climate dictates that we move in a different direction." GNC will remove all ephedra products from store shelves on June 30.

In related news, on May 12 the state Senate of California voted on a ban on ephedra-based products, which was approved by 24 Democrats and 14 Republicans. The bill, SB 582, was introduced by Sen. Jackie Speier (D-San Francisco) (http://democrats.sen.ca.gov/senator/speier). The bill now goes before the state Assembly, where it will be read yet again and possibly amended, according to a spokesperson for Speier.