Product Liability Insurers To Exclude DMAA From Coverage
June 29, 2012
FOR IMMEDIATE RELEASE
(Los Angeles): More trouble for DMAA, the controversial ingredient in many pre-workout sports nutrition and weight loss products.
Greg Doherty, Practice Leader of the dietary supplement insurance division of Poms & Associates Insurance Brokers, Inc, today announced that two of the handful of companies offering product liability coverage to the dietary supplement industry will soon be adding DMAA to their respective “ingredient exclusion” list.
“I predicted this over a year ago, and now it’s happening” says Doherty. “There has been too much negative press lately on DMAA, and eventually it was bound to catch the eye of some of the insurance company underwriters. Two carriers will now exclude it, although one has hinted that they may offer coverage for products containing DMAA on a “carveback” basis, which means that based on the type of products being sold, the dosage of DMAA and the volume of DMAA sales as a percentage of overall sales, this carrier might offer DMAA coverage for an additional premium. The key word is ‘might.’ “
Doherty further noted that as ephedra alkoloids got more and more bad press, these “carvebacks” granting coverage were available, but eventually coverage was excluded altogether. Subsequently, the insurance companies paid out millions of dollars for ephedra claims, and they have not forgotten that fact.
“As of right now coverage is still available for DMAA products from other insurers, but my opinion is that the window is closing. It’s really the ephedra insurance coverage story all over again.”
“Companies currently selling DMAA and want it to be covered in the future face a real dilemma,” Doherty adds. “Because of the claims made nature of product liability policies for dietary supplement companies, the product you sell today will likely not produce a claim until some date in the future. If your future policy has a DMAA exclusion, and that claim rolls in, there won’t be coverage, even though the policy in your file today covers DMAA.”
For additional information on DMAA exclusion, please contact: Greg Doherty 818.449.9317 Gdoherty@)pomsassoc.com Web: www.gregdoherty.net