Health

(NEW YORK) — A nationwide shortage of the asthma medication albuterol has been ongoing since last fall and experts say it’s only expected to get worse.

Albuterol can be taken in several forms but it’s the aerosolized solution used in a nebulizer that the U.S. Food and Drug Administration put on its drug shortage list in late October. Although it’s not clear what prompted the initial constrained supply, the FDA has been tracking the shortage.

Generic drug manufacturer Akorn Pharmaceuticals filed for Chapter 7 bankruptcy last month, according to documents viewed by ABC News, and reportedly closed its U.S. facilities, knocking out one maker of albuterol.

The FDA updated its drug shortage page on March 1 to show Akorn’s albuterol inhalation solution is “not available” due to “no new manufacturing of product.”

This leaves Nephron Pharmaceuticals, based in South Carolina, as one of the only remaining primary manufacturers of liquid albuterol.

“We are currently producing Albuterol as fast as possible to deliver to the market — and to patients — to address this shortage,” Nephron CEO Lou Kennedy told ABC News.

The FDA did not immediately reply to ABC News’ request for comment.

Local pharmacies said they have been struggling to stock albuterol over the past few months and are worried the closure of Akorn facilities will make it harder.

“The albuterol solution has been in short supply for some time. It’s hard to get it in stock,” Jim Stage, owner of Lloyd Pharmacy in Saint Paul, Minnesota, and a pharmacist, told local ABC affiliate KSTP. “We’re checking secondary and tertiary vendors if our primary vendor doesn’t have it, so it’s just creating a little bit more legwork on our part.”

What is albuterol?
Asthma is an inflammatory disease that causes airways in the lungs to constrict and prevents normal breathing. It affects more than 25 million Americans, according to the Centers for Disease Control and Prevention.

Albuterol is a medication that helps open these constricted airways. It works by activating the beta receptors in the lungs, which helps the airways open and relax so asthma sufferers can breathe more easily.

Inhaled albuterol can be given through an inhaler or as an aerosolized solution through a nebulizer machine. The aerosolized solution is the type currently facing a national shortage.

This solution is sometimes used at home for infants and young children who have difficulty using an inhaler, but it is used most commonly in hospital settings to treat a range of breathing problems associated with wheezing that includes asthma and some respiratory infections.

“This is a lifesaving medication that we need to have on demand and available when patients needed,” Dr. Juanita Mora, national volunteer medical spokesperson for the American Lung Association, told ABC News.

Mora said she has witnessed how distressing this shortage has been for her patients and families and warned that the pollen season is around the corner.

“As pollen levels rise, they are a huge trigger for asthma. I want to make sure that everyone’s asthma COPD emphysema long-haul COVID is well optimized before we head into that season,” Mora said.

Are there alternatives?
One alternative medication to albuterol used commonly, but less often, is called levalbuterol. Albuterol inhalers are also an acceptable alternative to the liquid solution.

Although similar, studies have had mixed results. One study from 2003 found substituting levalbuterol for albuterol in emergency department care “significantly reduced the number of hospitalizations.”

However, a meta-analysis in 2013 showed levalbuterol was not “superior” to albuterol regarding efficacy and safety, and suggested not using it over albuterol for acute asthma.

It’s unclear if every day Americans are having trouble filling prescriptions. A Walgreens spokesperson told ABC News it is “able to meet patient demand/needs at this time.”

Other pharmacy chains including CVS Health, Rite Aid Corp., Kroger Inc. and Albertsons Inc. did not return ABC News’ request for comment.

How are asthma attacks prevented?
People with lung diseases like asthma or COPD can have more severe complications from respiratory viruses and pneumonia. To prevent these illnesses, experts say to stay up to date on all vaccines, including Covid-19 boosters and annual flu shots and to practice good hand washing.

It is also important to know and avoid asthma triggers. Each individual’s trigger may be different, but common triggers include seasonal allergies, carpets, pets, mold and tobacco smoke, according to the CDC.

When using an inhaler, proper technique is very important. The American Lung Association says people should make sure they are always using a spacer with an inhaler.

If frequently using albuterol, talk to your doctor about daily medications that help control asthma symptoms in addition to albuterol.

Mora urged people not to panic or hoard liquid albuterol because they are afraid of the shortage and says doctors are asking the FDA to act urgently to solve this problem.

“We are urging the FDA to get ahead of this problem before it becomes disastrous,” Mora said.

ABC News’ Sony Salzman contributed to this report.

Copyright © 2023, ABC Audio. All rights reserved.

(NEW YORK) — Temperatures have been on the rise in 203 U.S. cities since 1970, leading to longer allergy seasons in over 170 cities across the U.S., a new report by Climate Central finds.

Climate change is bringing an earlier spring and later fall, the report found. This means a longer growing season for plants, allowing more than two weeks longer on average to grow, flower and release pollen.

It’s another way that climate change can affect health, experts said.

“The plants can grow earlier and they can pollinate earlier. Allergies are just getting worse and worse,” Dr. Kari Nadeau, chair of environmental health and professor of climate and population studies at Harvard School of Public Health, told ABC News.

Warming weather and allergy health

There are three general pollen seasons as described by the American Academy of Allergy Asthma and Immunology. Trees begin pollinating in the spring (with birch, cedar, cottonwood, and pine the largest allergy triggers). Summertime sees the pollination of grasses. Weeds are the biggest culprit of allergy triggers in the fall, with ragweed being the biggest offender.

All of those seasons are affected by the changing climate, experts said.

Researchers have been tracking the patterns over the past few years. Pollen levels are peaking earlier and pollen counts have worsened over the years, several previous studies reported. Changes in the duration and intensity of pollen season affect allergic disorders like seasonal allergic rhinitis (hay fever) and asthma.

This new study measured the number of days between the last day of freezing temperature in January through the first day of freeze in December.

It found that, on average, allergy season grew by more than two weeks. Allergy season lengthened by at least a month in over 30 cities. Allergy season in Reno, Nevada, increased by 99 days, one of the biggest increases in the country. Overall, cities in the western U.S. saw the largest increase in allergy seasons by nearly a month, followed by the Southeast, Northeast, Southern, and Central U.S. regions.

Other studies have also predicted that in 2040, the average pollen counts will be double what they were in 2000.

“It’s a nonstop onslaught of pollen in the air and the duration the levels of pollen that we’re seeing are higher than ever before,” Dr. David Stukus, pediatric allergist and immunologist at Nationwide Children’s Hospital, told ABC News.

Managing allergy triggers this upcoming pollen season

These climate changes can impact the health of individuals with allergies, according to the American Academy of Allergy, Asthma, and Immunology. Climate change, marked by shifts in warmer seasonal temperatures and more carbon dioxide and greenhouse emissions in the atmosphere, can affect how much pollen we are exposed to and increase the risk of experiencing allergy symptoms, according to the CDC.

The CDC reports that about one quarter of adults and 1 in 5 children in the U.S. suffer from seasonal allergies and affects as many as 60 million people per year in the US.

According to the American Public Health Association, allergies cause about 3.8 million missed work and school days each year.

Symptoms of hay fever can occur during certain seasons or year-round, depending on the allergy.

To help manage allergy symptoms, the AAAAI recommends limiting outdoor activities during days with high pollen counts, keeping windows closed (at home or in the car) to keep pollens out, and taking a shower after coming indoors.

Local pollen forecasts and mold levels can be found through resources like the National Allergy Bureau, experts recommend.

People with respiratory illnesses like asthma may be more sensitive to pollen. According to the CDC, pollen exposure has been linked to asthma attacks and increases in hospital admissions for respiratory illness.

“This is a major problem, and it will only get worse if we do not limit climate change and limit carbon dioxide production from greenhouse gases,” Nadeau says.

Copyright © 2023, ABC Audio. All rights reserved.

(NEW YORK) — Bindi Irwin shared a major health update with the world on Tuesday, saying she recently underwent surgery for endometriosis.

“Dear Friends, I battled for a long time wondering if I should share this journey with you in such a public space,” she wrote in a lengthy Instagram caption alongside a photo of her in a hospital bed. “It came down to the responsibility I feel to share my story for other women who need help.”

Irwin, 24, said she has “struggled with insurmountable fatigue, pain & nausea” for the last 10 years, attempting to “remain a positive person & hide the pain.”

The Dancing with the Stars alum said a doctor told her “it was simply something you deal with as a woman,” which caused her to give up “entirely, trying to function through pain.” Irwin said that her friend, Leslie Mosier, helped her navigate endometriosis, which helped set her on a “path of regaining my life.”

Irwin ultimately decided to undergo surgery because she said she “couldn’t live like I was.”

“Every part of my life was getting torn apart because of the pain,” she said. “To cut a long story short, they found 37 lesions, some very deep and difficult to remove, and a chocolate cyst.”

According to the American College of Obstetricians and Gynecologists (ACOG), endometriosis occurs in about 1 out of 10 women of reproductive age and is a condition in which the type of tissue that forms the lining of the uterus (the endometrium) is found outside the uterus.

Even though that tissue is outside of the uterus, it can still respond to hormones during the menstrual cycle, causing irritation, bleeding, pain and scarring. That scarring can also lead to infertility, health expert said.

There isn’t a cure for endometriosis, but there are treatments for pain and infertility, according to ACOG. Treatments include hormone therapy like birth control pills, pain medications and surgery.

The TV personality said she now feels “validation for years of pain” and thanked her family and friends who have been by her side as she battled endometriosis over the years. She also thanked her doctors and nurses.

Irwin’s post comes during National Endometriosis Awareness month, a time to raise awareness about the gynecological disease. As the mother to 2-year-old Grace Warrior Irwin Powell, whom she shares with her husband, Chandler Powell, Irwin ended her post by putting a spotlight on endometriosis and reaching out to women who are also dealing with the disease.

“Things may look fine on the outside looking in through the window of someone’s life, however, that is not always the case,” Irwin said. “Please be gentle & pause before asking me (or any woman) when we’ll be having more children. After all that my body has gone through, I feel tremendously grateful that we have our gorgeous daughter. She feels like our family’s miracle”

“I’m aware of millions of women struggling with a similar story,” she added. “There’s stigma around this awful disease. I’m sharing my story for anyone who reads this & is quietly dealing with pain & no answers. Let this be your validation that your pain is real & you deserve help. Keep searching for answers.”

Copyright © 2023, ABC Audio. All rights reserved.

(NEW YORK) — A federal lawsuit listing L’Oreal USA and various other companies, claims these businesses sell products that cause cancer and other health problems. It also alleges that the companies knew, or should have known, that the use of the dangerous chemicals in the products would increase the risk of cancer; yet they marketed and sold them anyway, and alleges these companies failed to provide a warning to women.

Dozens of plaintiffs, predominantly Black women, are pointing to a study published in the Journal of the National Cancer Institute in October 2022 that found an association between the frequent use of hair-straightening products and uterine cancer.

The study found that those who self-reported the regular use of straightening products, such as relaxers, were twice as likely to later develop uterine cancer than women who did not use the products, but there was not enough evidence to prove the hair straightener caused the specific cancer.

“We know now that these chemicals are responsible for the tragic number of users’ reproductive cancer,” Ben Crump, an attorney for the plaintiffs, said in an official statement. “This litigation will bring justice to these women and their families and hold corporations that put profits over people accountable for their deadly actions.”

Rhonda Terell, one of the plaintiffs named in the lawsuit, said she found out she had cancer on Christmas Eve in 2019.

Terell told ABC News that she began using relaxers when she was 9 years old and did not stop using them until her mid-thirties. She said hair relaxers were “just part of being an African American girl.”

“I had no idea that the chemicals I was putting on my head would lead to this diagnosis,” Terell said.

According to the study, women who self-reported using straightening products are more likely to develop uterine cancer than women who don’t, and most of the women who use straightening products are African American and Black women. While the study saw no evidence that race itself increases the risk of uterine cancer, the negative health effects associated with straightener use could be worse for African American and Black women because of their more frequent use of straightening products, younger age at which they start, and the harsher chemicals used for their hair.

“We estimated that 1.64% of women who never used hair straighteners would go on to develop uterine cancer by the age of 70; but for frequent users, that risk goes up to 4.05%,” Dr. Alexandra White, the study’s lead author, said in a summary of the study released in October by the National Institutes of Health. The study defined frequent use as the use of straightening products more than four times per year.

“We are confident in the safety of our products and believe the recent lawsuits filed against us have no legal merit. L’Oréal upholds the highest standards of safety for all its products. Our products are subject to a rigorous scientific evaluation of their safety by experts who also ensure that we follow strictly all regulations in every market in which we operate,” L’Oréal said in a statement to ABC News.

Strength of Nature Global, LLC, another defendant listed in the litigation, declined to comment on the lawsuit at this time.

While uterine cancer represents around 3% of all cancer cases, it is the most common of gynecological cancers in the nation, according to the Centers for Disease Control and Prevention.

Although the study found a correlation between cancer and hair straighteners, researchers did not identify a particular ingredient in the trial and stated that more research is needed.

“More research is needed to confirm these findings in different populations, to determine if hair products contribute to health disparities in uterine cancer and to identify the specific chemicals that may be increasing the risk of cancers in women,” White wrote in the study’s summary.

Terell’s lawyer, Danielle Mason, said that she has also used chemical hair straighteners and shares concerns about the products.

“For science to put the health disparities and these very disproportionate outcomes of fibroids and cancer and other reproductive harms that are predominant in Black women … at the forefront of their study so that we can get to the bottom of all of the things that are going on with us, so that we can make more informed choices,” Mason told ABC News.

The study included more than 33,000 women between the ages of 35 to 74, with around 60% of women who reported using chemical straightening products self-identified as Black women.

Crump is joined by attorney Diandra “Fu” Debrossee Zimmerman as co-lead counsel for the plaintiffs — marking the first time that a Black man and a Black woman have been appointed as co-leads of multidistrict litigation in federal court, according to a statement put out by Ben Crump Law.

This lawsuit comes just months after Jenny Mitchell filed an initial case suing five beauty companies, claiming she had to have a hysterectomy for the cancerous effect of their products.

“I’m hoping to be the voice for millions of other African American women out there,” Mitchell said. “I don’t want another me at 28 not being able to have a family of your own.”

Crump and Zimmerman say they expect hundreds more plaintiffs to join the case.

ABC News’ Eric Jones and Halle Kendall contributed to this report.

Copyright © 2023, ABC Audio. All rights reserved.

(NEW YORK) — The trial of a Texas fitness influencer accused of scamming thousands of customers and misleading those with eating disorders has been postponed.

The trial was supposed to begin this week, but Dallas court officials told ABC News they had not reached the case on the docket and weren’t sure when they would get to it. A new date has not been announced.

Brittany Dawn Davis, better known as Brittany Dawn, was sued by the state Attorney General’s Office in February 2022, accused of deceptive business practices by not delivering personalized fitness and nutrition plans.

According to the lawsuit, Davis charged customers $92 to $300 for her allegedly tailored plans and then failed to connect with them for their one-on-one coaching and check-ins, as promised.

Davis began her career in 2014 when she founded the company Brittany Dawn Fitness and quickly gained traction, the lawsuit said. She currently boasts 1.3 million followers on TikTok and about 467,000 on Instagram.

The lawsuit alleges that depending on the plan a customer purchased, they could receive daily or weekly training by email and one-on-one individualized coaching.

“However, the online nutrition and fitness plans delivered to consumers were not individualized,” the lawsuit states.

Neither Davis not her attorney returned ABC News’ request for comment.

However, in court filings, Davis said she denies “generally every allegation” made by the Texas Attorney General’s Office.

According to the lawsuit, one customer only received a single email from Davis with no adjustments made to her plan. Another customer allegedly stopped receiving communication from Davis after two weeks.

Other customers received no responses or, if they did, they were generic, including phrases like “THAT’S MY GIRL! You’re killing it!” or “You’ve got this babe!” according to the lawsuit.

In addition to Davis’ alleged failure to provide coaching and check-ins, the lawsuit also states that she and her company “largely ignored consumer complaints.”

When complaints were addressed, only partial refunds were offered, according to the lawsuit.

A 2019 report from “Good Morning America” found that customers received anywhere from $50 refunds to full refunds if they signed an NDA.

Kenzie Andino told local ABC affiliate WFAA that she paid $300 for one of Davis’ plans in 2017 but says she quickly learned she wasn’t getting what she was promised.

“I knew what customized meant and that was not at all what I received,” she said. “In fact, the first document I received didn’t even have the right name on it. It was someone else’s name.”

Andino’s customized plan was a diet that had her eating just 900 calories a day. She told WFAA she sent Davis a long message addressing her concerns with her eating plan.

“I made sure to let her know that I was concerned,” she told WFAA. “My response that I got within — no lie — 45 seconds of sending it was ‘nice work babe’ and after that, I told her that I was done.”

The lawsuit also accuses Davis of misleading customers with eating disorders.

Davis posted videos on YouTube claiming she overcame her eating disorder with healthy eating and exercise, according to the lawsuit.

Although Davis claims she never accepted customers with eating disorders, at least 14 allege asking for refunds and specifically mention disorders, the lawsuit states.

One customer reported suffering from a restrictive eating disorder and that she was looking to increase her calorie intake only to receive an eating plan that was “significantly lower than what the consumer, who needed to gain weight, had reported,” according to the lawsuit.

After complaints of Davis’ business practices started circulating on social media in 2019, Davis posted a video to YouTube apologizing, but the video was “promptly” taken down, according to the lawsuit.

Davis appeared on “Good Morning America” in 2019 to address the criticism.

“I have such a heart for what I do and being in this industry,” Davis said. “I jumped into an industry that had no instruction manual. I’m basically going through uncharted territory and I’m doing the best that I can to the best of my ability.”

She continued, “I’m using this is a tool to learn and to grow as a professional and to move forward.”

The state is seeking damages between $250,000 and more than $1 million to cover civil penalties, attorneys’ fees and other costs.

The Texas Attorney General’s Office did not immediately return ABC News’ request for comment.

ABC News’ Jennifer Watts contributed to this report.

Copyright © 2023, ABC Audio. All rights reserved.

(NEW YORK) — The government-backed 988 Suicide & Crisis Lifeline’s LGBTQ pilot program is now offering text and chat services 24/7 in what officials are calling a “major step forward” for the multimillion-dollar prevention program.

“We are thrilled that the 988 Lifeline LGBTQ+ pilot line will be expanding services across all modalities,” said Dr. Tia Dole, the chief lifeline officer at Vibrant Emotional Health, which administers the service. “We know that LGBTQIA youth are one of the most at-risk communities for suicide. Vibrant, SAMHSA and 988 want to be there to change that through affirming care.”

“Expanding this service is a major step forward in strengthening 988, the mental health safety net for all people in America,” Dole added.

The lifeline’s LGBTQ-specific pilot program launched in September after an initial $7.2 million investment from the U.S. Substance Abuse and Mental Health Services Administration (SAMHSA).

The users have already been able to dial 3 after calling to reach a crisis counselor trained to support LGBTQ youth and young adults, with call services available 24/7, but chat and text had only been available during select hours.

From the beginning of the program in September through Feb. 26 (the most current available data), about 11% of chats and texts coming through the lifeline have been for the LGBTQ line, along with 6% of calls — accounting for about 138,000 total contacts — a spokesperson for SAMHSA told ABC News.

“We want all young people who are experiencing a mental health or substance use crisis or who are feeling suicidal to know they can call, text or chat 988 any time of day without fear of judgment and with the expectation that when they do reach out for help, they are met with affirming, compassionate support,” said Dr. Miriam Delphin-Rittmon, the head of SAMHSA. “So far, the demand for the services provided by this pilot program have exceeded even our own expectations. This response has shown us the value in providing a specialized service for LGBTQI+ young people, who we know are at higher risk for suicide.”

In January, $29.7 million in additional money was appropriated to help expand training and access for this program through the fiscal year 2023 federal government funding bill.

About 45% of LGBQ students seriously considered suicide and more than 20% attempted suicide in 2021, according to the Centers for Disease Control and Prevention’s Youth Risk Behavior Survey trends report for 2011-2021. That compares to about 15% of heterosexual students who seriously considered suicide and about 6% who made an attempt during that same year, according to the CDC report.

Kasey Suffredini, vice president of advocacy and government affairs for The Trevor Project, an LGBTQ suicide prevention group, said that his organization is “incredibly excited” about the expansion of the chat and text offerings.

“Increasing access to LGBTQ-inclusive crisis care services is critical for addressing the public health crisis of youth suicide, as we know LGBTQ youth continue to face unique challenges, victimization, and barriers to care across all 50 states,” he said.

“When an LGBTQ young person reaches out for help in a moment of crisis — where every second counts — it’s vital that they are met with compassion and care from a trained counselor who understands them,” Suffredini said. “This expansion of services is another step forward in reimagining crisis care in the U.S., as we continue the collective work to raise awareness of the 988 Lifeline among the most marginalized communities and build upon its infrastructure to expand access to non-police crisis intervention responses and long-term mental health, behavioral health and addiction care.”

If you are experiencing suicidal, substance use or other mental health crises, please call or text the new three-digit code at 988. You will reach a trained crisis counselor for free, 24 hours a day, seven days a week. You can also go to 988lifeline.org.

Copyright © 2023, ABC Audio. All rights reserved.

(AUSTIN, Texas) — Five women are suing the state of Texas over its strict abortion laws, saying they were denied the procedure even though their lives were in danger.

The lawsuit — filed in state court Monday by the Center for Reproductive Rights — marks the first time that women, rather than doctors on behalf of their patients or advocacy groups, have taken legal action since the Supreme Court overturned Roe v. Wade.

According to the lawsuit, the women were “denied necessary and potentially life-saving obstetrical care because medical professionals throughout the state fear liability under Texas’s abortion bans.”

Texas does not allow abortions after six weeks of pregnancy except for “medical emergencies,” which is not defined. The suit asks that physicians be allowed to determine what qualifies under the exception.

The five women — Ashley Brandt, Lauren Hall, Lauren Miller, Anna Zargarian and Amanda Zurawski — said they were all excited about their pregnancies but were denied care when their lives were in danger, the lawsuit states.

Zurawski, 35, from Austin, was diagnosed with an “incomplete cervix” — which occurs when cervical tissue weakens and prematurely dilates the cervix — at 17 weeks and was told her baby would not survive, according to the lawsuit.

Under Texas’s abortion law, doctors said there wasn’t much they could do for Zurawski because cardiac activity still could be detected.

After she developed sepsis, Zurawski said she was induced so she could deliver the fetus. She developed sepsis again and had so much scar tissue from the infections that one of her fallopian tubes is permanently closed, the lawsuit states.

Hall, 28, from outside Dallas, was told her baby would not survive after a scan revealed the fetus had anencephaly, a condition in which a baby does not develop a skull and had a severely underdeveloped brain.

A maternal-fetal medicine specialist told her continuing the pregnancy could result in hemorrhage or pre-term birth but that she couldn’t have an abortion due to Texas’ laws. Hall was forced to travel to Seattle for the procedure.

Miller, 35, from Dallas, learned she was carrying twins but a scan at 12 weeks showed one of them had trisomy 18, which is a chromosomal condition that results in severe abnormalities and developmental delays.

According to the lawsuit, she traveled to Colorado to receive a selective fetal reduction, which aborted the fetus with the chromosomal condition. Miller continued her pregnancy with the other twin, who has shown no signs of abnormalities, and she is due the end of the month.

Brandt, 31, from Dallas, Texas, also learned she was pregnant in May 2022 with twins. A scan, however, revealed that one had a condition known as acrania, which is when the fetus does not develop a skull, the lawsuit states.

The condition progressed to exencephaly, in which brain tissue is freely floating in amniotic fluid. Continuing the pregnancy could have increased her risk of miscarriage or premature labor. She, too, traveled to Colorado after being unable to obtain an abortion, according to the lawsuit.

The final plaintiff, Zargarian, 33, from Austin, was 19 weeks pregnant when she said she was diagnosed with preterm premature rupture of membranes, which occurs when the membranes break before a woman goes into labor.

She was at high risk of sepsis or hemorrhaging if she continued the pregnancy but could not obtain an abortion. Zargarian also went to Colorado to obtain an abortion, legal filings show.

The women plan to tell their stories on the steps of the Texas Capitol on Tuesday.

In September 2021, the state passed the so-called Texas Heartbeat Act — better known as SB 8 — which bans abortions after fetal cardiac activity can be detected, which typically occurs around six weeks, before most women know they’re pregnant.

The law does not include exceptions for rape or incest or if the fetus has a fatal or untreatable condition. The only exception is for “medical emergencies,” but it is undefined, making it unclear what qualifies.

SB 8 also allows private citizens to sue anyone who “aids or abets” an abortion.

Additionally, after Roe v. Wade was overturned by the Supreme Court, Texas passed a trigger law making abortion a second-degree felony “for a person who knowingly performs, induces, or attempts an abortion.”

If the pregnancy is successfully aborted, the offense becomes a first-degree felony, according to the law.

According to the Texas Penal Code, the punishment for a first-degree penalty could be up to life in prison and a fine of up to $10,000. The penalty for a second-degree felony is up to 20 years in prison and a fine of up to $10,000.

In a statement, Vice President Kamala Harris expressed support fro the lawsuit.

“The lawsuit includes devastating, first-hand accounts of women’s lives almost lost after they were denied the health care they needed, because of extreme efforts by Republican officials to control women’s bodies,” she said.

The statement continued, “Like the overwhelming majority of Americans, the President and I believe women — in consultation with their doctors — should be in charge of their reproductive health care, not politicians.”

ABC News’ Nadine El-Bawab contributed to this report.

Copyright © 2023, ABC Audio. All rights reserved.

(NEW YORK) — The trial of a Texas fitness influencer accused of scamming thousands of customers and misleading those with eating disorders begins Tuesday.

Brittany Dawn Davis, better known as Brittany Dawn, was sued by the state Attorney General’s Office in February 2022, accused of deceptive business practices by not delivering personalized fitness and nutrition plans.

According to the lawsuit, Davis charged customers $92 to $300 for her allegedly tailored plans and then failed to connect with them for their one-on-one coaching and check-ins, as promised.

Davis began her career in 2014 when she founded the company Brittany Dawn Fitness and quickly gained traction, the lawsuit said. She currently boasts 1.3 million followers on TikTok and about 467,000 on Instagram.

The lawsuit alleges that depending on the plan a customer purchased, they could receive daily or weekly training by email and one-on-one individualized coaching.

“However, the online nutrition and fitness plans delivered to consumers were not individualized,” the lawsuit states.

Neither Davis not her attorney returned ABC News’ request for comment.

However, in court filings, Davis said she denies “generally every allegation” made by the Texas Attorney General’s Office.

According to the lawsuit, one customer only received a single email from Davis with no adjustments made to her plan. Another customer allegedly stopped receiving communication from Davis after two weeks.

Other customers received no responses or, if they did, they were generic, including phrases like “THAT’S MY GIRL! You’re killing it!” or “You’ve got this babe!” according to the lawsuit.

In addition to Davis’ alleged failure to provide coaching and check-ins, the lawsuit also states that she and her company “largely ignored consumer complaints.”

When complaints were addressed, only partial refunds were offered, according to the lawsuit.

A 2019 report from ABC News’ Good Morning America found that customers received anywhere from $50 refunds to full refunds if they signed an NDA.

Kenzie Andino told local ABC affiliate WFAA-TV that she paid $300 for one of Davis’ plans in 2017 but says she quickly learned she wasn’t getting what she was promised.

“I knew what customized meant and that was not at all what I received,” she said. “In fact, the first document I received didn’t even have the right name on it. It was someone else’s name.”

Andino’s customized plan was a diet that had her eating just 900 calories a day. She told WFAA she sent Davis a long message addressing her concerns with her eating plan.

“I made sure to let her know that I was concerned,” she told WFAA. “My response that I got within — no lie — 45 seconds of sending it was ‘nice work babe’ and after that, I told her that I was done.”

The lawsuit also accuses Davis of misleading customers with eating disorders.

Davis posted videos on YouTube claiming she overcame her eating disorder with healthy eating and exercise, according to the lawsuit.

Although Davis claims she never accepted customers with eating disorders, at least 14 allege asking for refunds and specifically mention disorders, the lawsuit states.

One customer reported suffering from a restrictive eating disorder and that she was looking to increase her calorie intake only to receive an eating plan that was “significantly lower than what the consumer, who needed to gain weight, had reported,” according to the lawsuit.

After complaints of Davis’ business practices started circulating on social media in 2019, Davis posted a video to YouTube apologizing, but the video was “promptly” taken down, according to the lawsuit.

Davis appeared on Good Morning America in 2019 to address the criticism.

“I have such a heart for what I do and being in this industry,” Davis said. “I jumped into an industry that had no instruction manual. I’m basically going through uncharted territory and I’m doing the best that I can to the best of my ability.”

She continued, “I’m using this is a tool to learn and to grow as a professional and to move forward.”

The state is seeking damages between $250,000 and more than $1 million to cover civil penalties, attorneys’ fees and other costs.

The Texas Attorney General’s Office did not immediately return ABC News’ request for comment.

Copyright © 2023, ABC Audio. All rights reserved.

(AMHERST, Mass.) — The University of Massachusetts Amherst announced Saturday that the town’s local fire department dispatched 28 ambulances in response to calls involving a “significant number of alcohol intoxication cases” linked to “borgs” or “blackout rage gallons” after weekend parties in the area.

“[The Amherst Fire Department] and UMass officials said many students were observed carrying plastic gallon containers, believed to be ‘borgs’ (blackout rage gallons, a mix of alcohol, electrolytes and water),” the university said in part in a media update. The school highlighted it was the first time it had “observed notable use of borgs” during the weekend’s “Blarney Blowout” bash and that “in recent weeks, this binge drinking trend has been increasingly depicted on TikTok and seen on college campuses across the country.”

The #borg hashtag has garnered over 81 million views on TikTok so far and in general, the recipe for a borg consists of pouring out half the water in a gallon jug and then mixing in a third of vodka, liquid water enhancer or a flavored drink mix powder, caffeine and/or electrolyte powder.

George F. Koob, the director of the National Institute on Alcohol Abuse and Alcoholism at the National Institutes of Health, told “Good Morning America” the growing trend is raising concerns about the increase of binge drinking since students have returned to college campuses following the pandemic.

According to the 2021 National Survey on Drug Use and Health by the Substance Abuse and Mental Health Services Administration (SAMHSA), about 9.8 million young adults between the ages of 18 and 25 said they engaged in binge drinking in the last 30 days since participating in the survey and among those, 2.7 million identified as full-time college students.

“Unless you’re the one that mixed the borg and you know exactly how much alcohol you’re dispensing, it’s probably easy to overdo it,” Koob said. “The flavorant can mask some of the effects of alcohol and caffeine itself can mask some of the effects of alcohol so sometimes then you don’t even know or realize how much you’ve been drinking.”

Although the borg is touted as a healthier way for students to make their own alcoholic beverages and pace their drinking, Koob said diluting the alcohol doesn’t change how students would be affected by the alcohol they consumed.

“Ultimately, no matter how you take it, you’re going to get intoxicated and the alcohol is going to have its effects,” Koob said.

“The borgs, it sounds like some well-intentioned efforts to regulate how much people are drinking, but I think you have to be really careful when someone else, they may not be mixing drinks at a bar for you or in the kitchen, but if they’re mixing up in effect, a vodka punch, I personally am not sure that there’s a whole lot of difference.”

With spring break on the horizon for students across the country, Koob also urged “extra caution” among college administrators, parents and students alike.

“I think extra caution is needed this year because I think there is going to be a tendency to let it all hang out, so to speak,” Koob said. “Alcohol is very dangerous past a certain point and so binge drinking is not good for your health. High intensity drinking is not good for your health.”

Koob added that parents in particular should pay close attention to any noticeable changes to their kids’ behavior.

“For parents … if they start seeing changes in behavior of their students that they’ve sent on to college, university, find out how much they’ve been partying because there’s often a deterioration with excessive drinking … in scholarship, performance and even social interaction.”

“GMA” has reached out to TikTok for comment but has not yet heard back.

If you or someone you know is struggling with substance abuse, call SAMHSA’s National Helpline at 1-800-662-HELP (4357). SAMHSA’s National Helpline is a free, confidential, 24/7, 365-day-a-year treatment referral and information service.

Copyright © 2023, ABC Audio. All rights reserved.

(NEW YORK) — People who follow a “keto-like” diet of high fat and low carbohydrate foods may be at greater risk for cardiovascular events like heart attacks and strokes, according to a new study.

The study, presented over the weekend at the American College of Cardiology’s annual meeting, looked at over 300 participants who reported following a diet consisting of 25% or less of daily calories from carbohydrates and more than 45% of calories from fat.

Compared to the health information of around 1,200 people who eat a standard diet — with more of a balance between carbs and fat — the researchers participants on a “keto-like” diet had increased levels of LDL, or “bad” cholesterol, and a higher risk of heart disease.

“To our knowledge, our study is one of the first to examine the association between this type of dietary pattern and cardiovascular outcomes,” the study’s lead author Dr. Iulia Iatan, attending physician-scientist at the Healthy Heart Program Prevention Clinic, St. Paul’s Hospital and University of British Columbia’s Centre for Heart Lung Innovation in Vancouver, Canada, said in a statement.

Too much LDL — or low-density lipoprotein — cholesterol in the body can cause plaque buildup on the walls of blood vessels, which can cause heart problems like heart disease and stroke, according to the Centers for Disease Control and Prevention. Guidelines from the CDC for lowering high cholesterol include limiting foods high in saturated fat, eating foods high in fiber and low in added sugars and salt.

Low carb diets like the keto diet call for eating foods high in fat and low in carbohydrates.

Keto dieters, for example, drastically cut carbohydrates to about 10% of their daily diet, which in some cases can be just 20 grams of carbohydrates per day.

Foods that are “keto-friendly” include items like meat, eggs, butter, unprocessed cheese, avocados, meat, low-carb veggies and nuts and seeds.

The amount of fat someone following the keto diet may consume in one day could be more than five times the recommended intake for daily fat for the average American, according to Maya Feller, a New York City-based registered dietitian and nutritionist, who was not involved in the study.

The current dietary guidelines for Americans call for eating less than 10% of calories per day from saturated fats, and less than 10% of calories from added sugars, according to the U.S. Department of Agriculture.

Iatan said people who are considering going on a low-carbohydrate, high-fat diet should be aware that the way of eating could increase their LDL cholesterol.

“Before starting this dietary pattern, they should consult a health care provider,” she said. “While on the diet, it is recommended they have their cholesterol levels monitored and should try to address other risk factors for heart disease or stroke, such as diabetes, high blood pressure, physical inactivity and smoking.”

The study’s limitations included that people self-reported that they followed a low-carbohydrate diet, which can be inaccurate. In addition, the study only followed people for a limited amount of time.

The study also only showed a correlation between a low-carbohydrate, high-fat diet and elevated “bad” cholesterol, not a direct link, indicating more research needs to be done.

“There are inter-individual differences in how people respond to this dietary pattern that we don’t fully understand yet,” said Iatan. “One of our next steps will be to try to identify specific characteristics or genetic markers that can predict how someone will respond to this type of diet.”

The ketogenic, keto for short, diet was developed in the 1920s after it was noticed that after fasting, epileptics would experience a marked reduction in their seizures. The diet is designed to get your body into a state called ketosis, when your body is so low on carbohydrates it starts burning fat for fuel.

Ketosis is also what the body does when fasting.

The diet’s proponents say it is the best way to lose weight without feeling hungry and that it increases energy levels. Some studies have found that following a “keto-like” diet can help with weight loss, which leads to improved health benefits, including increased “good” cholesterol.

A study presented at the American College of Cardiology’s annual meeting in 2019 found that people on low-carb diets were more likely to develop atrial fibrillation, a common heart rhythm disorder, than people on a moderate-carb diet.

Copyright © 2023, ABC Audio. All rights reserved.