Kyla Asbury Oct. 8, 2014, 1:35pm

TALLAHASSEE, Fla. (Legal Newsline) - GNC Corporation and USPLabs have agreed to a settlement in a class action against them for injuries allegedly sustained by class members who took OxyELITE Pro and Jack3d.

The settlement, proposed Sept. 23, amounts to $2 million that will be put into an escrow account.

Class members who submit a claim without purchase receipts will be entitled to reimbursement of $35 per bottle or container of OxyELITE Pro purchased, $20 per bottle or container of Jack3d purchased, and $20 per bottle or container of VERSA-1 purchased up to a maximum refund of $150.

For class members who submit a claim with purchase receipts documenting proof of purchase, there will be no limit on the number of bottles or containers for which reimbursement will be made, according to the settlement document.

All class members who submit a claim must provide an affirmation, signed under penalty of perjury, that the class member personally purchased and consumed one or more of the USPLabs products during the class period.

Class members who submit a claim without purchase receipts will also be required to provide information relating to the purchase of the USPLabs products sufficient to satisfy the reasonable requests of the settlement administrator for the purpose of determining whether the class member has made a valid claim, including where the USPLabs products were purchased, the quantity purchased, and the approximate purchase date.

The lawsuit was initially filed on Nov. 11. The five named plaintiffs claimed GNS and USPLabs violated the Florida Drug and Cosmetic Act and the Florida Deceptive and Unfair Trade Practices Act and breached its express warranty and implied warranty.

The plaintiffs claimed the defendants made false statements regarding the safety of DMAA supplements and that OxyELITE Pro and Jack3d do not work.

Class counsel will make a fee and cost application to be heard at the final approval hearing seeking an award for attorneys' fees and costs.

Juan Velasquez, Joshua Arce, Giancarlo Bollo, Michael Campos and Jennifer Southwick will each receive an incentive award not to exceed $2,500.

The plaintiffs are represented by Aashish Yadvendra Desai of Desai Law Firm PC and Phillip Timothy Howard of Howard & Associates PA.

The defendants are represented by Angel Antonio Garganta and Guido Emerson Toscano of Venable LLP; and Robert Wayne Pass of Carlton Fields PA.

The case is assigned to District Judge Robert L. Hinkle.

U.S. District Court for the Northern District of Florida case number: 4:13-cv-00627

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