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Class Action Lawsuit Alleges Body Fortress Super Advanced Whey Protein Spiked with Non-Protein Ingredients

Sep 5, 2014

The manufacturers of Body Fortress Super Advanced Whey Protein have spiked the supplement with non-protein ingredients, a class action lawsuit alleges. The lawsuit was filed by Parker Waichman LLP, Seeger Weiss LLP and Barbat, Mansour & Suciu PLLC on August 25, 2014 in the U.S. District Court for the Eastern District of New York (Case No. 1:14-cv-05030). The defendants are United States Nutrition; Inc., Healthwatchers, Inc.; and parent company, NBTY, Inc.

“Protein spiking”, also referred to as “amino spiking” or “nitrogen spiking” is when manufacturers add less expensive, non-protein ingredients to deceive customers into believing they are getting more protein than is actually contained in the supplement. This is done by adding free form amino acids, which raise the nitrogen levels without adding complete proteins; protein content tests are based off of nitrogen.

The lawsuit points out that even though amino acids are the building blocks of protein, they do not offer the same health benefits. Whey protein is a complete protein source that contains all of the essential amino acids needed to build protein-based compounds, such as muscle tissue, skin, fingernails, hair, and enzymes.

Body Fortress’ label claims to have 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. Testing reveals that the actual content per serving of whey protein is 21.5 grams once the “protein-spiking” agents are removed, the suit alleges.

The following products are also suspected of protein spiking, with the manufacturer’s name in parentheses: ProSupps (ProSupps USA LLC), Arnold Series (MusclePharm Corporation), 4DN (4 Dimension Nutrition Inc.), Mutant Nutrition (Fit Foods Distribution Inc.), Gaspari Nutrition (Gaspari Nutrition, Inc.), Giant Sports (Giant Sports Products LLC), Beast (Ultra-Lab Nutrition Inc. d/b/a Beast Sports Nutrition), Infinite Labs (Infinite Labs, LLC), ALLMAX NUTRITION (Allmax Nutrition Inc.), Inner Armour (IA Nutrition, Inc.) New Whey Nutrition (New Whey Nutrition LLC), VPX Syngex(Vital Pharmaceuticals, Inc. d/b/a VPX Sports).

The act of protein spiking was criticized by the American Herbal Products Association on April 1st. AHPA said that proteins are “a chain of amino acids connected by peptide bonds” and asserts that protein calculations should only be based on this definition. “Non-protein nitrogen-containing substances” should not be included, AHPA indicated.

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