Motion to Consolidate Total Body Formula Lawsuits to be Argued Next Month

Plaintiffs who have filed lawsuits alleging injuries from Total Body Formula and Total Body Mega Formula, have filed a motion seeking consolidation and centralization of all federal cases in the United States District Court for the Northern District of Alabama. The Judicial Panel on Multidistrict Litigation will hear arguments on the petition next month at Harvard Law School.

On March 27, 2008, the FDA issued the first of three warnings about the dietary supplement, asking consumers to stop using Total Body Formula in peach nectar and tropical orange flavors, as well as Total Body Mega Formula in tangerine/orange flavor.

High levels of selenium (more than 200 times the label value) and chromium (up to 17 times the label value) were found in these products, which could cause serious and potentially fatal injuries.

Following the Total Body Formula recall, the CDC and FDA have reported a number of serious side effects associated with the defective dietary supplements, including kidney failure, rhabdomyolysis, gastrointestinal disorders, hemolysis, thrommbocytoenia and increased hepatic enzymes. Symptoms of problems associated with Total Body Formula side effects could include hair loss, finger nail loss, chest pain, flushing, dizziness, rash and headaches.

A number of Total Body Formula lawsuits have been filed throughout the United States by individuals who experienced problems after using the dietary supplement. The petition seeks to consolidate and centralize all of the federal lawsuits in one court for pretrial litigation, under a federal procedure known as Multidistrict Litigation, or MDL.

According to the Notice of Hearing Session issued by the Judicial Panel on Multidistrict Litigation, at least 15 lawsuits have been filed against Total Body Essential Nutrition, Inc., and other defendants. Most of the lawsuits have been filed in  the Northern District of Alabama, but cases are also pending in the Middle District of Florida and the Northern District of Florida.

If the cases are consolidated and centralized after the September 25, 2008 hearing, every pending Total Body Formula lawsuit pending in a federal court in the United States will be transferred to one jurisdiction, where they will be assigned to a single judge to oversee. Through the Multidistrict Litigation procedure, complex cases involving common questions of fact can be consolidated to avoid duplication of discovery, inconsistent pretrial rulings and inconvenience to the parties and witnesses.

The defective “Total Body Formula” products were sold in eight-ounce plastic bottles and the “Total Body Mega Formula” products in 32-ounce plastic bottles. The Total Body recall applies to the following products:

• Total Body Tropical Orange — Lot nos. 4016801, 4024801 and 4031801
• Total Body Peach Nectar — Lot nos. 4016802 and 4031802
• Total Body Mega Orange/Tangerine — Lot no. 4031803