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The Huffington Post has reported that a forty-eight year old mother of seven has died from liver failure on October 4, 2013. Reportedly, she started taking OxyElite Pro to lose weight and quickly fell severely ill. She was deemed ineligible for a liver transplant after doctors discovered that she had cancer.
OxyElite Pro has recently been linked to 24 cases of acute hepatitis and liver failure in Hawaii in the last six months. Five other cases of acute hepatitis and liver failure have also been reported in Hawaii since May. These five cases have been linked to at least two other dietary supplements. It is possible that more people will come forward as healthcare providers and consumers become aware of the reported link between the use of the supplement and serious health complications.
OxyElite removed from shelves
OxyElite Pro has been under intense scrutiny recently for reports that the supplement is related to liver damage, liver failure and even one death. The Hawaii Department of Health requested that all stores voluntarily remove OxyElite Pro from their shelves. Initially, it was reported that GNC informed the government in Hawaii that it would not remove OxyElite Pro from its shelves. On October 9, 2013, GNC informed the press that they would remove OxyElite Pro from its Hawaii stores. The Hawaii Department of Health confirmed these reports. The Huffington Post reported that a GNC representative stated in an e-mail that GNC “never ‘refused’ to pull the product,” but that “GNC is not aware of any scientific or medical evidence that establishes that the OxyElite Pro product is unsafe.”
In addition to requesting retailers to remove the supplement from shelves, Hawaii has placed an embargo upon the import of any additional OxyElite Pro into the st
ate temporarily deeming it illegal. State inspectors plan to visit every supplement retailer to take inventory of the supplement and issue notice that the product is not to be sold or moved.
Stores selling OxyElite Pro in the contiguous United States have also removed the diet supplement from shelves as investigations continue into the link between OxyElite Pro and acute hepatitis, liver damage and liver failure in those taking it.
Retailer responsibility?
GNC’s reported initial response that it would not remove OxyElite Pro from its shelves when requested by government agencies raises the question of retailers’ responsibility to consumers. A retailer may have responsibility for the sale of dangerous supplements. States have different laws regarding a retailer’s responsibility for marketing and selling a dangerous product. Investigation into a specific state’s laws is necessary to evaluate a retainer’s responsibility. In addition, there may be responsibility by a retailer who refuses to remove a supplement deemed dangerous by government agencies when a person purchases the supplement after the retailer is requested to remove it from shelves.
If you or a loved one has experienced these or any other complications you think may be related to the use of OxyElite Pro or if you have questions regarding dietary supplements, please contact us at 817-870-2102 or johnhart@hartlaw.com.
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