CAMDEN, N.J. (Legal Newsline) - The named plaintiff in a class action lawsuit against General Nutrition Center over OxyElite Pro has filed a notice of dismissal,
Sandeep Barot filed the notice of dismissal of the complaint on Dec. 12 in the U.S. District Court for the District of New Jersey.
"Plaintiff...pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedures, hereby dismisses all causes of action in the second amended complaint as to all defendants: Jonathan Vincent Doyle and Jacob Geissler...owners of USP entities; USPlabs LLC...and General Nutrition Center Holdings...with prejudice," the notice states.
None of the defendants have filed either an answer to the complaint, first amended complaint or the second amended complaint, nor a motion for summary judgment as to the claims in the complaint, according to the notice.
"Dismissal under Rule 41(a)(1) is therefore permissible," the notice states.
Barot initially filed his class action lawsuit on Jan. 27 in the U.S. District Court for the District of New Jersey, claiming OxyElite Pro diet pills lead to liver damage.
Barot claimed OxyElite Pro was intended to safely provide weight loss, energy and mental focus, however, it instead caused severe adverse health effects.
The plaintiff and all others similarly situated "did not bargain for a product that causes adverse health effects in exchange for their payment of purchase price," according to the suit.
Barot claimed several adverse reactions have been reported from consumers who have purchased and ingested the product, including serious liver injury and wrongful death.
USPLabs and GNC had actual knowledge of the product's shortcomings, but both failed to timely act to adequately warn consumers of the unfitness of the product, the extreme adverse side effects associated with the product or provide adequate relief to the class of consumers who purchased the product, according to the suit.
Barot was represented by William Riback of the Law Offices of William Riback in Haddonfield, N.J.
The defendants were represented by Patrick J. Boyle of Venable LLP in New York.
The case was assigned to District Judge Noel L. Hillman.
U.S. District Court for the District of New Jersey at Camden case number: 3:14-cv-000562