Black Oxygen Organics – Toxic Supplement Class Action

Georgia Class Action Lawyers for Toxic Supplements

November 1, 2022 Update from Matt Wetherington:

A federal judge has certified a nationwide class against BlackOxygen Organics and Marc Saint-Onge personally. We are now accepting preliminary claims for reimbursement. Click here to submit a claim. Read on for additional information. 

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My firm filed suit against BlackOxygen Organics and its owner, Marc Saint-Onge alleging that all BlackOxygen products contain unsafe levels of arsenic, lead, and cadmium.  These allegations are based on testing by independent laboratories and confirmed by the U.S. Food & Drug Administration (FDA).  The presence of toxic heavy metals poses a significant health risk, so the FDA issued a detention notice and requested that BlackOxygen initiate a voluntary recall in September of 2021.    

At the same time, the U.S. Federal Trade Commission (FTC) issued a cease and desist notice to Marc Saint-Onge for unsubstantiated medical claims about BlackOxygen products in violation of 15 U.S.C. § 41. Canada, Russia, Italy, and other countries also reached similar conclusions and took action against BlackOxygen.  

Despite receiving written notice that its products were unsafe and contained unsubstantiated medical statements, BlackOxygen continued to market and sell its products until the FDA issued a Consumer Alert and other countries announced involuntary recalls of the products.  As of November 2021, BlackOxygen has ceased operations worldwide.

THE CLASS ACTION

BlackOxygen refused to respond to the FDA, FTC, and the summons issued in this lawsuit.  As a result, BlackOxygen has admitted, by default, that all allegations against it are true.  A federal judge has now certified a nationwide class against BlackOxygen Organics and Marc Saint-Onge personally.  Specifically, the Court has certified the following class:

All residents of the United States with a confirmed purchase of BlackOxygen Tablets and/or BlackOxygen Powders products from November 19, 2019, through November 19, 2021.

The class includes customers and brand partners who purchased products.  The class is limited to the recovery of damages for the purchase price of the products and does not include claims for personal injury or other financial losses, such as unpaid commissions.  The Court also authorized us to identify and contact potential class members to obtain additional information about your financial losses.

HOW TO ASSERT A CLAIM FOR REIMBURSEMENT

If you are a U.S. resident and purchased BlackOxygen products between November 19, 2019, through November 19, 2021, you may be entitled to compensation.  The first step is to complete our preliminary claim form at  https://wfirm.com/black-oxygen-class-action-preliminary-claim-form/

The form asks for information about yourself and your purchases, including the total amount of money you lost purchasing the products. You are not required to provide an exact amount at this time; a good faith estimate is acceptable. It is helpful, but not required, to provide documentation of your purchases. Filling out the form does not guarantee that you will receive reimbursement for your losses, and it is only one step in the process. The court will review the information provided and decide whether to accept your claim as valid. If your claim is accepted, you may be entitled to receive compensation for the purchase price of the products. Further information about the claims process will be provided in the future.

FREQUENTLY ASKED QUESTIONS

What, Specifically, Is Wrong With BlackOxygen’s Products?

Metals like lead, cadmium, and arsenic can be harmful to human health. Continued exposure to these metals can result in serious health risks and can affect people or animals of any age or health status, particularly infants, young children, pregnant women and their fetuses, individuals with chronic health conditions, and pets. Lead and arsenic poisoning can be diagnosed through clinical testing. 

I have experienced an adverse health event due to Blackoxygen, what are my options?

First, please note that this class action is solely limited to reimbursement of money.  If you have experienced an adverse health event that you attribute to BlackOxygen, contact a health care provider to report your symptoms and receive care.

To report a complaint or adverse event (illness or injury), you can

• Call an FDA Consumer Complaint Coordinator if you wish to speak directly to a person about your problem.
• Complete an electronic Voluntary MedWatch form online.
• Complete a paper version of Voluntary MedWatch form that can be mailed to FDA.

Although my firm generally accepts all types of personal injury claims, we are not able to accept personal injury claims involving BlackOxygen.  This is because the unique posture of this case would create a potential conflict of interest between injury claimants and the interests of the general class we have been appointed to protect.

Which products are included?

BlackOxygen Organics Tablets, Pills, and Powders

Does the class include people outside of the United States?

No.  We are not able to include victims outside of the United States at this time.  However, you can certainly use our case as precedent to help hire an attorney and pursue a claim in your country.

Does it Cost Money to Participate? 

My firm accepts cases exclusively on contingency.  We never charge a retainer or accept payment directly from clients.  We advance all costs and are only paid if we win the case.  This applies to wrongful death, personal injury, and class action cases.  In a class action, our fees are set by the Court based on the work performed and outcome obtained.

I like fulvic acid and don’t like lawyers.  How do I make you go away?

We acknowledge and respect your right to make your own decisions about your health and finances.  That is why participation is completely voluntary.  Submitting a claim is not required and you will have an opportunity to completely opt-out of the class at a later date.  However, please keep in mind that you may not have an additional opportunity to assert a reimbursement claim in the future if you do not submit a claim now.

In addition, fulvic acid itself is not at issue in this action.  The sole issue is that BlackOxygen knowingly sold a version of fulvic acid that was unsafe for human consumption.  BlackOxygen was given multiple warnings before we took action and has had ample opportunity to defend its products or explain its sourcing and declined to do so.

What should I do with my remaining BlackOxygen products?

If you have any remaining BlackOxygen products in your possession, you should dispose of them.