EDIT: This story has had further developments, which I have attempted to conclude at this link.
Anyone that is involved in the supplement industry is aware that Driven Sports Craze has been one of the biggest talking points in the supplementation world for a little while now. Many users reported unparalleled focus, mood boost, etc. A few users have had negative side effects and another few have just had no effects. I personally was somewhere between no effect and bad side effects.
The gist of the following lawsuit found first at courthousenews.com (not familiar with the website, but I have seen the court documents which tell me this must be a real thing) is mainly alleging that Craze is spiked with amphetamine or perhaps an analogue. There is no evidence produced but I hope no legal firm would go forward with this unless there was a lab report somewhere. I do not have info on Aaron Karmann, the plaintiff, but I’m looking to see if he’s affiliated within the industry. There have been rumors of this nature since the release of Craze, but to some extent that comes with the territory when you have a supplement that works differently/better than predecessors.
Other parts of the lawsuit include complaints that even the listed ingredients are not legal due to red tape within FDA regulations. I am not sure how valid these claims are and frankly don’t care much unless Dendrobex is what contains this amphetamine analogue. Driven Sports claims Dendrobex comes from dendrobium, a long used Chinese medicine ingredient.
A couple things of note:
1. PEA, a perfectly useful and legal stimulant that is on Craze’s label, is technically an amphetamine analogue. I doubt there will be a legal case to be made if it turns out that the plaintiff is simply anti-PEA.
2. There are no tests offered among the legal documents. It is possible that the plaintiff plans to produce the tests in court, but at this point it would be unfair to simply assume that DS has spiked the product.
3. This is NOT an FDA case. This is a lawsuit, as in seeking MONEY. That doesn’t necessarily make it less legitimate, but there is zero involvement from the FDA at this point and it is simply a man suing Driven Sports and will let other California residents that purchased Craze split the compensation should the lawsuit win.
4. The court date is set for September 2012.
UPDATE: I’ve done a little more digging on the plaintiffs. Look here for details.
RIVERSIDE, Calif. (CN) – A diet supplement maker is selling a mislabeled amphetamine with claims that it is “safe” and “helps put you in a fantastic mood,” a man claims in a class action in Superior Court.
Lead plaintiff Aaron Karmann sued Driven Sports, claiming its Craze diet supplement contains amphetamine, “a dangerous ingredient which is regulated as a controlled substance and a dangerous stimulant in California and thus cannot be lawfully included in a dietary supplement.
A visit to Driven Sports’ website on Tuesday found this ad: “Imagine having something available that helps you train BEYOND YOUR LIMITS. Imagine endless energy. No weight is too great and no personal record is safe. That something would give you unmatched results, where others have failed. That something is Craze”!, the ultimate in pre-workout power!”
But Karmann says: “Defendant claims that the product is a ‘dietary supplement’ which is legal, safe, and efficacious. In reality, the product is intentionally tainted with amphetamine, the illegal and dangerous controlled substance that is not declared as an ingredient on the product’s label.”
He claims that defendant’s product “is intentionally tainted with amphetamine, the illegal and dangerous controlled substance that is not declared as an ingredient on the product’s label.”
The complaint adds: “Defendant makes representations regarding the efficacy, safety and legality of the product which are false, misleading and deceptive. These include, without limitation, that Craze is ‘safe,’ that it ‘helps put you in a fantastic mood and enhances your focus,’ that it is ‘designed to enhance your workouts and enhance your progress,’ and that it can be used by students for studying.
“Plaintiff and members of the class relied on defendant’s misrepresentations and would not have paid as much, if at all, for the products but for defendant’s misrepresentations. As a result, defendant has wrongfully taken millions of dollars from California consumers. Plaintiff brings this lawsuit to enjoin the ongoing defrauding of thousands of California consumers by defendant, and to recover the money taken by its illegal practices.”
Karmann seeks an injunction, costs, restitution, disgorgement, and punitive damages.
He is represented by Scott Ferrell with the Newport Trial Group, of Newport Beach.