Makers of weight loss supplement sued in East Texas for misleading the public

Michelle Massey, East Texas Bureau Nov. 18, 2010, 4:25am

TEXARKANA - A Texarkana resident is suing the manufacturers of the weight loss supplement Hydroxycut for misleading the public and allowing him to suffer acute kidney failure.

Wayland Lacy filed suit against Iovate Health Sciences Group Inc., Iovate Health Sciences Inc. and Iovate Health Sciences U.S.A. Inc. on Nov. 12 in the Eastern District of Texas, Texarkana Division.

Lacy states he began using Hydroxycut Rapid Release Caplets in late 2008. After several weeks of consuming the product, he was admitted to the hospital and diagnosed with acute kidney failure and abnormal liver function. He was released from the hospital after 10 days of treatment and four dialysis procedures.

The defendant is accused of making false and misleading claims regarding that the products were clinically proven, physician formulated and endorsed, safe and effective weight loss supplements.

The supplement's manufacturers are accused of strict products liability, negligence, breach of implied warranty of merchantability, breach of express warranty and violations of the Deceptive Trade Practices Act.

The plaintiff is seeking damages for physical pain and mental anguish, disfigurement, physical impairment, medical expenses, lost wages, loss of earning capacity, loss of household services, punitive damages, attorney's fees, interest and court costs.

Lacy is represented by Nicholas H. Patton and Geoffrey P. Culbertson of Patton, Tidwell & Schroeder in Texarkana and Paul Miller of Miller, James, Miller & Hornsby in Texarkana.

U.S. District Judge David Folsom is assigned to the case.

Case No. 5:10-cv-00192

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