Jun 26

Product Liability and Pre-Workout Supplements

by Tate Law Offices, P.C.Products Liability

Man working out with weights

Although taking pre-workout supplements has been touted as a great way to help fuel the growth of muscles, some may actually cause serious side effects, with one specific brand receiving media attention for the devastating injuries it caused. A February 2013 article in the New York Times claims that Jack3d, a pre-workout supplement manufactured by USPLabs and sold by GNC, led to the deaths of two soldiers in late 2011 due to the product’s inclusion of a stimulant, dimethylamylamine (DMAA), which is known to frequently raise blood pressure and heart rate, leading to heart attacks.

The parents of one of the soldiers have chosen to initiate a wrongful death lawsuit against USPLabs and GNC in order to recover compensation for the death of their son. And if you have been injured by a pre-workout supplement, it is important to understand the conditions in which you may be able to secure due payment.

Risks Associated with Taking Pre-Workout Supplements

Like with any other products, there may be specific risks inherent with taking pre-workout supplements, and these risks may be provided on the product’s packaging.

Some of the risks and side effects associated with taking pre-workout supplements may include:

  • Frequent urination
  • Increased heart rate
  • Increased blood pressure
  • Nausea
  • Dizziness
  • Dehydration

Depending on the specific pre-workout supplement, the side effects may be more or less pronounced, or may vary based on the main ingredients.

Products Liability – When a Product Becomes Dangerous

Of course, while there may be certain risks associated with taking pre-workout supplements to increase the benefits of a workout, it is not acceptable for a product to put the user in serious danger during the regular course of use. Generally, any injuries that arise in the course of using a product fall under the scope of products liability law, and may be a result of one of three aspects: a defect in design of the product, a defecting in the product’s manufacture, or a defect in marketing.

With pre-workout supplements, if the manufacturer of the pre-workout supplement did not adequately warn consumers about the risks associated with using the product, this amounts to a defect in marketing, and may be grounds for a products liability lawsuit. In the case of the aforementioned soldier, the parents are filing a civil suit on the grounds that the product “was marketed as safe and effective without warning consumers about its potential health risks.” Texas law also provides that a claimant may have validity in a products liability action if they can prove that the manufacturer of the product, “before or after marketing the product, withheld or misrepresented information or material relevant to the federal government or agency’s determination of adequacy of the safety standards or regulations at issue in the action.”

Seeking Legal Assistance in Texas

Being injured while taking a pre-workout supplement can result in significant injuries that require costly medical treatments and rehabilitative action. If you have been hurt by a pre-workout supplement, and you want to seek damages, you should consult an experienced attorney in Texas. Our legal professionals can help highlight the negligence on behalf of the supplement manufacturer, and can assist you in filing a products liability claim to help you secure due payment. Contact us today by calling 888-662-3892 for a free case review.