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Parker Waichman Files Class Action against Protein Manufacturer

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Parker Waichman LLP has filed a class action lawsuit on behalf of consumers alleging  the protein supplement product Body Fortress Super Advanced Whey Protein has less protein than the label claims.
The lawsuit was filed on last week in the U.S. District Court for the Eastern District of New York.
The lawsuit alleges that United States Nutrition Inc., Healthwatchers Inc.; and parent company, NBTY Inc. engaged in “protein-spiking,” a practice that is also known as “amino-spiking” or “nitrogen-spiking.”

Body Fortress’ labeling claims the product contains 30 grams of protein per serving, but this number allegedly also includes free form amino acids, including Glycine, Threonline, L-Glutamine, Leucine, Valine, and Isoleucine; the non-protein amino acid, Taurine; and the non-amino acid compound, Creatine Monohydrate. The lawsuit further alleges that testing showed that the actual content per serving of whey protein is 21.5 grams once the “protein-spiking” agents are removed.

Protein spiking is a process where manufacturers complement a product with cheaper, amino acids and non-protein ingredients to increase a protein product’s nitrogen content while lessening protein manufacturing costs. Since a common protein content test relies on nitrogen as a measure of protein, the act of protein spiking deceives customers into believing they are receiving more pure whey protein than is actually contained in the product.

Parker Waichman Managing Attorney Gary Falkowitz believes protein supplement customers are being cheated out of a product they purchased.  “Manufacturers that engage in protein-spiking deceive customers and mislead them into believing they are receiving a product with more protein than it actually contains,” Falkowitz said. “By filing this class action lawsuit on behalf of Body Fortress consumers, our firm intends to hold manufacturers responsible for their false claims.”

Amino-spiking was rebuked by the American Herbal Products Association in April. The organization defines protein as “a chain of amino acids connected by peptide bonds” and declares that non-protein nitrogen-containing substances should not be included, AHPA indicated.
While the lawsuit is focused on United States Nutrition Inc., several other companies may soon face similar allegations. Other brands suspected of labeling their products as having more protein than they actually do include: ProSupps USA LLC; MusclePharm Corporation; 4 Dimension Nutrition Inc.; Mutant Nutrition: Fit Foods Distribution Inc.; Top Secret Nutrition, LLC; Gaspari Nutrition, Inc.; Giant Sports Products LLC; Ultra-Lab Nutrition Inc. d/b/a Beast Sports Nutrition; Infinite Labs, LLC; Allmax Nutrition Inc.; IA Nutrition, Inc.; New Whey Nutrition LLC; and Vital Pharmaceuticals, Inc.

According to the lawsuit, whey protein is defined as a complete protein source that contains a complete assortment of amino acids needed to build protein-based compounds, including muscle tissue, skin, fingernails, hair, and enzymes. Amino acids do not offer these same benefits, according to the lawsuit. disclaimer: This article: Parker Waichman Files Class Action against Protein Manufacturer was posted on Friday, September 5th, 2014 at 1:26 pm at and is filed under Misleading Information Lawsuits.

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