GNC Still Selling DMAA; Lawmakers Launch Inquiry
This article was originally published in The Tan Sheet
Energy & Commerce Subcommittee on Oversight and Investigations leaders ask GNC, USPlabs and FDA about the safety and history of use of DMAA. GNC says it does not manufacture products that include DMAA, but plans to sell through its inventory of USPlabs’ Jack3d.
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Federal prosecutors already have cooperation in their case against USPlabs from GNC in exchange for a "non-prosecution" commitment, and might seek help from an executive with S.K. Labs recently convicted on five criminal counts stemming from a separate investigation.
USPlabs says it will reformulate its DMAA supplements, although it “stands by the safety and legality” of the products. FDA says “credible science” shows DMAA is not a botanical, not a dietary ingredient and will not be accepted in an NDI notification.
White House, Democrat majority in Congress and likely next FTC chair support the agency wielding the authority, says advertising law attorney Holly Melton. Supreme Court, though, likely will rule in pending cases that a strict reading of an FTC regulation doesn’t grant monetary penalty authority.