Yesterday the Department of Justice, in conjunction with several other federal agencies, unsealed a grand jury indictment returned against USPLabs and several of its officers, including CEO Jacob Geissler, President Jon Doyle, scientific officer Cyril Wilson, former regulatory head Kenneth Miles and co-owner Matthew Hebert.
The core of the wrongdoing is activity surrounding the sale of supplements with synthetic ingredients without a history of safe use.
The 11-count indictment includes counts for conspiracy and wire fraud in connection with the transfer and money laundering ill-gotten profits from the sales of USPLabs’ DMAA products (Jack3d and OxyElite Pro) and aegeline products (OxyElite Pro New Formula, Advanced Formula and Powder) in violation of federal law. The indictment also includes a count for obstruction of an agency proceeding in connection with the company’s interference with FDA’s investigation of the outbreak of liver injuries from the aegeline products in 2013. USPLabs failed to not only cooperate but actively sought to impede the investigation. It also includes counts for introduction of adulterated and misbranded foods into interstate commerce and for the sale of synthetic ingredients, DMAA and aegeline, despite claims they were natural, with the intent to defraud and mislead consumers.
The indictment includes allegations of numerous cover-ups to sneak synthetic ingredients into the country in violation of federal law including by faking customs documents and using fraudulent and misleading labeling. It further alleges that in October 2013, when USPLabs agreed to stop distribution of OxyElite Pro in connection with the outbreak of acute liver injuries, it surreptitiously continued to sell OxyElite Pro over the phone to avoid paper trails and sneak product out of the country for sale internationally.
The indictment is part of a larger crackdown on the dietary supplement industry by the federal government for use of synthetic ingredients without adequate assurance of safety.
ANDREWS & THORNTON continues to lead the fight for the victims of USPLabs’ illegal and callous behavior.ANDREWS & THORNTON is aggressively litigating hundreds of civil cases for personal injuries involving USPLabs products in multiple state and federal courts across the country.
If you believe you may have been injured by a USPLabs product please call us today at 949-748-1000 or email us at info@andrewsthornton.com.
