Hydroxycut
Facts-only compliance record. Every entry is source-backed and dated.
Event Timeline
Prop 65 consent judgment: ERC lead/cadmium settlement covering Hydroxycut products ($625k)
In Environmental Research Center, Inc. v. Iovate Health Sciences U.S.A. Inc. and Iovate Health Sciences International Inc., Alameda County Superior Court No. RG16838524 (CA AG Prop 65 file 2016-00125), the California Attorney General hosts Stipulated Consent Judgment settlement PDF 2016-00125S6276 and judgment PDF 2016-00125J3756. The judgment resolves alleged failure to warn for lead and cadmium in Covered Products identified in 60-day notices and Exhibit F — including multiple Hydroxycut lines (Appetite Control Plus Appethyl; Pro Clinical Hydroxycut Caffeine Free; Hydroxycut Lean Protein Chocolate Fudge; Hydroxycut Platinum Weight Loss Plus; Hydroxycut SX-7 Creamy Vanilla / Fruit Punch Fusion; Pro Clinical Hydroxycut Max! For Women) alongside MuscleTech, Six Star, EPIQ, fuel:one, and Purely Inspired products. Iovate agreed to pay ERC a total of $625,000.00 (civil penalty $186,725.64, of which 75% remits to OEHHA; Additional Settlement Payment $140,043.99; ERC costs $35,580.63; Lozeau Drury fees $124,022.04; ERC in-house legal fees $138,627.70), plus reformulation/warning injunctive terms capped at 0.5 micrograms of lead and 4.1 micrograms of cadmium per day. The Consent Judgment states it is not an admission of Proposition 65 liability. Party signatures cluster on December 22, 2017 (settlement reported to the AG that date); the CA AG Judgment Date locks entry on March 2, 2018. Frame as Hydroxycut Covered Products inside a multi-brand Iovate Prop 65 consent judgment — the same CA AG PDFs are already cited on the live muscletech Case Log under MuscleTech Covered Products framing; do not present $625,000 as a Hydroxycut-only civil penalty or as a second separate ERC settlement.
In re Hydroxycut / Dremak MDL settlement — $14M final approval (S.D. Cal. 09-md-2087)
On November 18, 2014, the U.S. District Court for the Southern District of California entered Document 343, an Order Granting Motion for Final Approval of Class Action Settlement, in In re Hydroxycut Marketing and Sales Practices Litigation / Andrew Dremak v. Iovate Health Sciences Group, Inc. et al., Nos. 09-md-2087 BTM(KSC) and 09-cv-1088 BTM(KSC). The order approves a $14 million non-reversionary Settlement Fund consisting of a $7 million Cash Component and a $7 million Product Component for a Settlement Class of U.S. purchasers of listed Hydroxycut Products from May 9, 2006 through May 1, 2009 (excluding ephedra products and purchases outside the window). Cash without proof: $15 per purchase up to three purchases, with pro rata increases up to $50 if Cash remains; product alternative units with retail price of at least $25. The order states the lawsuit does not involve personal injury claims; a prior final-approval attempt was denied because proposed cy pres distribution was being used as a vehicle to settle personal-injury cases. Counsel sought attorneys' fees of $3.5 million (25% of the $14 million fund), unopposed up to that cap. Frame as a settled consumer marketing / sales-practices MDL — not a personal-injury payout order.
FDA warning + voluntary recall: Hydroxycut liver injury / death (14 SKUs; May 1, 2009)
On May 1, 2009, the U.S. Food and Drug Administration warned consumers to immediately stop using Hydroxycut products marketed by Iovate Health Sciences Inc. (Oakville, Ontario) and distributed by Iovate Health Sciences USA Inc. (Blasdell, N.Y.), stating that some Hydroxycut products were associated with serious liver injuries. FDA reported 23 serious adverse-event reports ranging from jaundice and elevated liver enzymes to liver damage requiring transplant, and one death due to liver failure; other reported problems included seizures, cardiovascular disorders, and rhabdomyolysis. Iovate agreed to recall 14 listed Hydroxycut SKUs (Regular / Caffeine-Free Rapid Release Caplets; Hardcore / Max Liquid Caplets; Regular / Caffeine-Free / Hardcore / Max Drink Packets; Liquid Shots; Hardcore RTDs; Max Aqua Shed; Hydroxycut 24; Carb Control; Hydroxycut Natural). Hydroxycut Cleanse and Hoodia products were not affected. FDA noted the products were marketed under the Iovate and MuscleTech brand names; the recalled list is Hydroxycut-branded only. Live fda.gov HTML for the 2009 Consumer Update / News Release is archived; Archive-It FDA captures are the citable primary. This pre-openFDA action has no F-#### enforcement number (openFDA product_description:Hydroxycut returns NOT_FOUND). Cross-link sister Case Log slug muscletech; do not conflate with the live MuscleTech Alpha Test cathine Class II recall.