FDA and Dietary Suppments: MusclePharm plans to fight class action

In December of 2015, in the U.S. District Court for the Southern District of California, Mason 

Dabish and Bill Bohr filed a class action lawsuit against MusclePharm Corp, accusing the company 

of breach of warranty, negligent misrepresentation and violations of California State Laws.

According to the plaintiffs, MusclePharm allegedly sells products containing newly formulated ingredients designed to increase effectiveness by fusing an amino or organic acid with a nitrate. 

The plaintiffs claim that MusclePharm promotes these ingredients as safe and advertises them as having addition benefits over products containing traditional compounds, but that the ingredients allegedly are not safe. 

 It is believed that the manufacturers of these products may be cheating the system by "spiking" their protein powders with synthetics and other substitutes. As a result, the products may not be living up to their advertised claims.

Protein spiking occurs when a company adds cheaper ingredients with high nitrogen levels to its protein powders and shakes. Because many protein tests use nitrogen levels as an indicator for grams of protein, the products test positive for high levels of protein – even though they don't actually have this much protein in them. Protein spiking is also known as amino acid spiking or nitrogen spiking. When products are “spiked” with synthetics or other substitutes, they may not contain the high-quality protein ingredients advertised on their labels or deliver on their promised benefits.

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