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Are pre-workouts dangerous? What the USPlabs case shows

A factual review separating the OxyElite Pro liver-injury outbreak, the Jack3d and DMAA issue, and the criminal convictions for misbranding-related conduct.

Attributing a death directly to Jack3d and then treating that as the basis for the convictions conflates a health investigation, several ingredients, two products, and distinct offenses. The case is most useful for understanding how a safety signal, a recall, and a criminal conviction differ—and why those terms are not interchangeable.

1. Pre-workouts belong at the top of the pyramid

This case does not show that every supplement is useless. Protein powder can solve a practical problem; electrolytes may help during prolonged exercise with heavy sweating; and some ingredients have documented short-term effects. Their usefulness still depends on the situation.

A pre-workout should be one of the last levers considered. A stimulant cannot repay sleep debt, correct inadequate energy intake, create progressive training, or replace water. Marketing puts the container front and center; a sound hierarchy keeps it at the top of the pyramid.

Before trying any formula, stabilize recovery, nutrition, programming, and hydration. Nalko’s supplement guide explains which products may sometimes be worth testing and which sell mostly on promises. Nalko guide – useful strength training supplements

  • Sleep and recovery.
  • Calories, meals and carbohydrates adapted to the session.
  • Progressive training with tracked sets.
  • Hydration and heat or sweating conditions.
  • A targeted, transparent supplement with measurable value.

2. Reduce risk without assuming it can reach zero

Avoid blends that hide ingredient amounts. Add up coffee, energy drinks, and every other stimulant consumed that day. Check the manufacturer, batch, and sales channel and, if anti-doping rules apply to you, look for recognized third-party certification. Certification can reduce one type of risk; it cannot guarantee every effect in every person.

In France, ANSES advises against caffeine-containing supplements before and during exercise. It also advises against combining several supplements—or a supplement and medication—without professional guidance, and highlights cardiovascular, kidney, liver, neurological, and psychiatric risk factors. ANSES — risks of supplements intended for athletes

Stop using the product if you develop an adverse reaction. Jaundice, very dark urine, chest pain, unusual shortness of breath, faintness, persistent palpitations, or neurological symptoms require prompt medical evaluation.

  • Every stimulant and its amount clearly disclosed.
  • No DMAA or synonym intended to mask its presence.
  • One new product at a time.
  • No combination with medication without professional guidance.
  • A stopping rule defined before the first trial.

3. Why this case is often misreported

Three threads intersect: an outbreak of acute hepatitis associated with OxyElite Pro, regulatory action involving aegeline and DMAA, and a criminal case concerning labeling and the true nature of imported ingredients.

Epidemiology looks for a shared exposure and assesses the strength of a safety signal. The FDA may act once a regulatory safety threshold is met. A court addresses specific offenses and the scope of a guilty plea. A shared timeline does not automatically turn a health association into criminal causation.

To decide whether a pre-workout is appropriate for you, separate the product involved, its formula at the time, the reason for the recall, and the offenses the defendants actually admitted.

4. OxyElite Pro and Jack3d: two distinct products

OxyElite Pro was marketed for weight loss or muscle building. Jack3d was marketed as a pre-workout. USPlabs distributed both, but sharing a brand does not justify attributing events observed with one product to the other.

The hepatitis outbreak detected in Hawaii in 2013 involved exposure to OxyElite Pro. Jack3d was not the common exposure identified in that health investigation.

Jack3d appears mainly in the separate DMAA matter. The FDA reported detaining OxyElite Pro and Jack3d products containing the stimulant in 2013; USPlabs later destroyed the detained lots and agreed to stop manufacturing products with the substance. FDA — status of DMAA in supplements

5. What happened during the 2013 outbreak

The national investigation summarized by the FDA identified 97 people with acute nonviral hepatitis. Of those, 72 reported exposure to an OxyElite Pro product; at least 47 were hospitalized, at least three received liver transplants, and one death was reported. FDA — official report on OxyElite Pro recall

Those figures do not mean that all 97 people had used OxyElite Pro, or that individual causation was established in every case. They describe identified cases and reported exposure during the investigation.

In the detailed analysis of the Hawaii outbreak, 44 of 76 reports met the case definition, and 36 of those 44 people reported exposure to OxyElite Pro. Two exposed people received liver transplants and a third died; investigators found no other supplement shared across this group. CDC — final analysis of the Hawaiian outbreak

6. A serious association without an identified toxic mechanism

The association was concerning enough to prompt an alert and recall. It should not, however, be presented with more certainty than the evidence supports. Researchers considered OxyElite Pro the implicated product because cases clustered, exposure was shared, and no other supplement was common to the group.

Analysis of the products used found a composition consistent with the declared ingredients, and investigators did not identify the mechanism of liver injury. That does not erase the signal; it means no one should invent a culprit ingredient or definitive biological explanation. CDC — final analysis and mechanistic limitations

The precise description is an outbreak of hepatotoxicity associated with OxyElite Pro, which the investigation implicated, with an unresolved mechanism. That is neither “mere coincidence” nor proof that every case arose in the same way.

7. Why the FDA deemed certain products adulterated and sought a recall

On October 11, 2013, the FDA warned USPlabs that OxyElite Pro and VERSA-1 products were considered adulterated. They contained aegeline, treated as a new dietary ingredient, without the required advance notification or evidence showing that it could reasonably be expected to be safe under the proposed conditions of use.

After reviewing medical records and other evidence, the FDA determined on November 6 that there was a reasonable probability the products at issue could cause serious adverse health consequences or death. That threshold supports the recall process; it is not a criminal finding of causation. FDA — timeline, legal basis and recalled lots

USPlabs initiated a voluntary recall on November 9 and expanded it to another flavor on November 19. “Voluntary” does not mean the risk was insignificant: the FDA had given the company an opportunity to recall the products before exercising its mandatory-recall authority.

8. Jack3d and DMAA: a separate regulatory issue

DMAA, or methylhexanamine, has been sold as a stimulant in performance and weight-loss products. The FDA says it is not aware of reliable evidence that DMAA occurs naturally in plants and does not consider it a lawful dietary ingredient. FDA — DMAA, regulations and risks

The agency explains that the stimulant can narrow blood vessels and raise blood pressure, with greater risk when combined with other stimulants such as caffeine. It recommends against buying or using products that contain DMAA.

This separate issue explains why Jack3d appears in the USPlabs story. It does not show that Jack3d caused the liver outbreak: the common exposure described by the CDC and FDA was OxyElite Pro.

9. What the criminal case actually punished

In 2019, five people, USPlabs, and S.K. Laboratories pleaded guilty. The admitted offenses included conspiracy to place misbranded products into interstate commerce and, for certain defendants, intent to defraud or mislead. Company executives admitted importing substances under false or misleading names to avoid regulatory attention. DOJ — 2019 guilty pleas

In 2020, USPlabs’ former CEO was sentenced to 60 months in prison and its former president to 24 months. USPlabs and S.K. Laboratories were ordered to forfeit a combined $10.7 million. In 2021, the former vice president of S.K. Laboratories received an additional 41-month sentence. DOJ — sentences handed down in 2020, DOJ — 2021 supplemental sentencing

These convictions concerned fraud and misbranding. They were not homicide convictions and did not establish, as a matter of criminal liability, that the defendants caused the death reported during the health investigation.

10. Measure the foundations first with Nalko

For two weeks, track sleep, meals, hydration, and performance before adding a stimulant. If poor sessions consistently follow a short night or skipped meal, a pre-workout would mask the problem instead of solving it.

A product is worth considering only if the constraint persists, the formula is transparent, your health context permits it, and a measurable benefit justifies the cost and risk. For most sessions, sound preparation remains the best pre-workout.

See how to bring nutrition and training together

Bottom line

The USPlabs case is instructive because it requires reading the evidence in layers: the product involved, the health signal, the regulatory threshold, and the criminal offense. The same method is useful when evaluating any supplement.

  • The 2013 liver outbreak involved OxyElite Pro, not Jack3d.
  • Of 97 cases identified, 72 reported exposure to OxyElite Pro.
  • The final analysis did not identify the mechanism of liver damage.
  • Jack3d appears in the separate DMAA matter.
  • The convictions were for fraud and mislabeling, not for causing a death.
  • A pre-workout remains optional, after sleep, nutrition, training and hydration.

Frequently asked questions about pre-workouts and USPlabs

Are all pre-workouts dangerous?

No. Risk depends on the formula, amounts, ingredient combinations, traceability, and the user’s health. A simple, fully disclosed product is not equivalent to an opaque formula or one containing an unauthorized substance, but no product can guarantee zero risk.

Did Jack3d cause the 2013 hepatitis outbreak?

CDC publications and the FDA report identify OxyElite Pro as the common exposure. They do not identify Jack3d as the product involved in the outbreak. Jack3d appears in a separate matter involving DMAA and misbranding-related conduct.

Has a death been reported?

Yes. One death was reported; it appears in both the national investigation and the exposed Hawaii subgroup. That report should not be turned into a homicide conviction: causing a death was not the offense to which the companies and executives pleaded guilty.

Why were the USPlabs executives convicted?

The admitted offenses included conspiracy and placing misbranded products into interstate commerce, with intent to defraud or mislead for certain defendants. Three defendants admitted importing substances under false or misleading names to avoid regulatory attention. The sentences were not based on convictions for causing a death.

Does the recall prove that the product caused each case?

No. The FDA applied a regulatory threshold of reasonable probability to act against products that could cause serious adverse health consequences or death. The investigation found a serious association, but did not identify the mechanism or establish individual causation in every case.

Can you take a pre-workout containing caffeine?

France’s ANSES advises against caffeine-containing supplements before and during exercise. If you are still considering a stimulant, add up every source of caffeine and discuss contraindications and medications with a qualified healthcare professional.

Official sources and references

  1. CDC — first alert on acute hepatitis in 2013
  2. CDC — final analysis of the Hawaiian outbreak
  3. FDA — official report on OxyElite Pro recall
  4. FDA — status and risks of DMAA
  5. DOJ — 2019 guilty pleas
  6. DOJ — sentences imposed in 2020
  7. DOJ — 2021 supplemental sentencing
  8. ANSES — food supplements intended for athletes

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