GNC absolved of wrongdoing in case against USPLabs

PITTSBURGH — As part of an agreement with the Department of Justice in connection with that agency's investigation into USPLabs, GNC Holdings has been absolved of knowingly selling products in violation of the Food, Drug and Cosmetic Act, the specialty channel retailer announced Wednesday.



"We are pleased to have reached an agreement with the DOJ related to certain products manufactured by USPLabs which were removed from GNC's shelves years ago," GNC stated. "The DOJ and Food and Drug Administration concluded in the agreement that GNC relied on the representations and written guarantees of USPLabs that it was in full compliance with FDCA and applicable state laws with respect to the ingredients contained in its products," the Pittsburgh-based retailer added. "Ultimately, the DOJ found sufficient evidence that USPLabs provided false assurances and information and fake documentation to third parties, including GNC. The DOJ andFDA also concluded that GNC was unaware of any information that the products manufactured by USPLabs violated the FDCA, while recognizing GNC's representation that it did not knowingly sell products that violated the FDCA."



As part of the agreement, GNC will take a number of actions to broaden industry-wide knowledge of prohibited ingredients and improve compliance by vendors of third party products. "GNC remains committed to maintaining robust compliance policies and procedures and holding third party vendors and suppliers accountable for those standards," the company stated.



The action ends a year-long link between USPLabs and GNC. GNC had dropped the vendor from its shelves in November of last year in the wake of a DOJ investigation into USPLabs — known for its workout and weight loss supplements, which it sold under such names as Jack3d and OxyElite Pro — that produced an 11-count indictment against USPLabs and several of its top executives. The case against USPLabs was part of a broader crackdown on outlier supplement companies.