Parker Waichman LLP

Lack of Oversight Blamed for Hydroxycut, StarCaps Debacles

Last week’s massive Hydroxycut recall has raised further concerns about the safety of dietary supplements. According to an editorial in the FASEB Journal, concerns over the safety of such diet aids have prompted recalls and lawsuits in the past. Unfortunately, current laws prevent the Food & Drug Administration (FDA) from effectively regulating dietary supplements like […]

Last week’s massive Hydroxycut recall has raised further concerns about the safety of dietary supplements. According to an editorial in the FASEB Journal, concerns over the safety of such diet aids have prompted recalls and lawsuits in the past. Unfortunately, current laws prevent the Food & Drug Administration (FDA) from effectively regulating dietary supplements like Hydroxycut.

According to an FDA safety alert issued last Friday, there have been 23 reports of serious liver problems ranging from jaundice and elevated liver enzymes, an indicator of potential liver injury, to liver damage requiring liver transplant, linked to use of Hydroxycut products. In one case, a 19-year-old died as a result of Hydroxycut-associated liver damage. That death occurred in 2007, but was only reported to the agency in March.

The incidents prompted the FDA to order a recall of 14 Hydroxycut supplements, and the agency also warned consumers to stop using them immediately.

According to the FASEB Journal, the Hydroxycut recall is similar to another issued for StarCaps supplements. Before they were recalled, StarCaps were advertised as containing a “mix of the digestive enzyme in the papaya and the diuretic qualities in the garlic result in weight loss for users.” Advertisements for StarCaps also touted the herbal ingredient, valerian, as a stress reliever and diuretic.

The StarCaps supplements are the subject of a false advertising class action lawsuit filed by an NFL football player. Last year, several NFL players blamed StarCaps supplements when they failed urinary steroid tests and faced four-game suspensions. According to the players, the maker of StarCaps deceptively laced the product with bumetanide, a diuretic banned by the NFL. According to the FASEB editorial, bumetanide will produce false positives in urine steroid tests.

In addition to failing to mention that StarCaps contained bumetanide, labeling for the supplements “failed to note that papain is an effective protease that can be absorbed topically, that valerian has proven soporific effects in humans, and that the magnesium salts contained in the capsule affect the gut,” the FASEB editorial said.

A month after the StarCaps lawsuit was filed, the FDA ordered the supplements recalled. According to the agency, bumetanide was found in the supplements at levels of 0.8 mg/capsule. Shortly thereafter, the FDA ordered a recall of 60 weight-loss supplements that were found to contain sibutramine (a centrally acting, serotonin-norepinephrine reuptake inhibitor), rimonabant (a cannabinoid receptor antagonist), phenytoin (better known as dilantin), and phenolphthalein (a pH indicator and laxative, banned in the United States as a carcinogen).

Supplements like Hydroxycut and StarCaps are allowed to endanger the public because the FDA has no authority to order premarket testing of such products. In fact, according to the FASEB editorial, since 1994,the FDA has had no effective regulatory authority over dietary supplements, unless they cause harm or are doped with prescription drugs. Thus, as in the case of Hydroxycut, such products can harm dozens of people before they are removed from the market.

“You don’t need to be a pharmacologist to suspect that almost anything that really affects the structure or function of the human body might have an unwanted side effect (a.k.a., toxicity),” the editorial writer states. “Indeed, a search in PubMed for ‘herbal drugs/toxic effects’ finds such 460 articles…These range from hepatotoxicity from herbals and weight-loss supplements in the United States to kidney failure as a result of aristolochia, a Chinese herb used worldwide.”

The editorial makes a compelling case for more rigorous oversight of dietary supplements, pointing out that “unregulated drugs that have tangible personal and professional consequences that go well beyond anything described on their labels.”

What Our Clients Say About Us
We have worked with thousands of clients and we appreciate them and their positive reviews. Here are just a few recent client reviews...
5 Star Reviews 150
I would like to thank the Parker Waichman Staff for helping me throughout this journey, Bonita Rollis was exceptionally awesome in guiding me throughout this process. From the beginning she offered hospitality and wished me longevity in my course of healing. We creation a connection, which made it easier for me to understand the process. I explored with questions and she listened with patience and provided recommendations every time we spoke. I have and will always recommend this firm to any of my family and friends.
donna rayside
a year ago
5 Star Reviews 150
Thank you Parker Waichman for helping me with my case. You know what you are doing. They are very professional, I would say they are the best. Thanks to Jorge Peniche for helping me feel that I need it.
anyelo robles
4 years ago
5 Star Reviews 150
Positive: Professionalism , Responsiveness Benita, was a very helpful person, and acted very professional through our time working with her. She kept us in the loop constantly and answered any questions we had through phone calls and emails in a timely manner. If needed, I would definitely use this company again specifically working with Benita.
Lois Barrera
2 years ago

Why Choose Us to Help You?

We Take Care of Everything
Your situation is stressful enough: Let us take on the deadlines, paperwork, investigation, and litigation. We'll handle every detail so you don't have to worry.
No Recovery = No Legal Fees
We work on a contingency-fee basis, meaning that we only get paid from a portion of your settlement or jury award. If you don't get compensation, you owe us nothing.
Decades of Experience
Your situation is stressful enough: Let us take on the deadlines, paperwork, investigation, and litigation. We'll handle every detail so you don't have to worry.
Respected by Our Peers
Judges, insurance adjusters, and fellow attorneys all speak highly of our skills, and we've earned numerous accolades, including a flawless rating from AVVO.
We Have Many Locations To Serve You
We have the experience and the skilled litigators to win your case. Contact us and speak with a real attorney who can help you.
Long Island – Nassau
Parker Waichman LLP
6 Harbor Park Drive
Port Washington, NY 11050
Long Island – Suffolk
Parker Waichman LLP
201 Old Country Road – Suite 145
Melville, NY 11747
New York
Parker Waichman LLP
59 Maiden Lane, 6th Floor
New York, NY 10038
Queens
Parker Waichman LLP
118-35 Queens Boulevard, Suite 400
Forest Hills, NY 11375
Brooklyn
Parker Waichman LLP
300 Cadman Plaza West
One Pierrepont Plaza, 12th Floor
Brooklyn, NY 11201
New Jersey
Parker Waichman LLP
80 Main Street, Suite 265
West Orange, NJ 07052
Florida
Parker Waichman LLP
27299 Riverview Center Boulevard
Suite 108
Bonita Springs, FL 34134
Nationwide Service
Parker Waichman LLP
59 Maiden Lane, 6th Floor
New York, NY 10038