‘Worthless’ Illegal Energy Supplement Consumer Suit Revived

Two plaintiffs who said they bought an illegal dietary supplement adequately alleged they suffered economic harm because they got a worthless product, the Eleventh Circuit said Nov. 14, reinstating a proposed class suit against maker IQ Formulations LLC.

Joshua Debernardis and Christina Damore bought Metabolic Nutrition Synedrex, an energy stimulant containing a compound commonly known as DMBA.

But because DMBA is considered a “new ingredient,” Synedrex couldn’t be lawfully sold in the U.S. because IQ Formulations failed to provide the Food and Drug Administration with premarket safety information, plaintiffs said.

A new ingredient is one that wasn’t in use in ...