A plaintiff has filed a putative class action in California federal court alleging that Giant Sports Products, LLC “adds cheaper free form amino acids and non-protein ingredients to increase the nitrogen content” of its Giant Sports Delicious Protein® powder product. Rodriguez v. Giant Sports Products, LLC, No. 14-8378 (U.S. Dist. Ct., C.D. Cal., filed October 29, 2014).
According to the complaint, Giant Sports enriches its whey protein powder supplement with amino acids to increase the amount of nitrogen, which in turn apparently leads to inflated results when tested for protein. The complaint presents the supplement facts panel of the protein powder, noting that the first ingredient listed, “Giant Delicious Protein Blend,” parenthetically includes several ingredients that are not protein, such as taurine and betaine. The complaint also asserts that laboratory testing revealed 3.926 g per serving of L-Glycine, which is not listed in the supplement facts panel. This omission makes the protein powder misbranded, the complaint claims, under federal and California law. Alleging violations of California’s Consumers Legal Remedies Act, False Advertising Law and Unfair Competition Act, as well as unjust enrichment and breach of express warranty, the plaintiff seeks national and California class certification, declaratory judgments, an injunction, restitution, and attorney’s fees.