Fit Foods Lawsuit: Alleged Mutant Whey Amino Acid Spiking

In today’s installment of the ongoing amino acid protein spiking scandal, a class action complaint has been filed against Canadian corporation, Fit Foods Ltd., creators of Mutant Whey and the rest of the Mutant product line.

Some may have foreseen this, as shelves have been clearing out the Mutant Whey stock, and of the 40 stores that PricePlow compares, only one has any at all.

Our followers on social media can get the full PDF of the publicly-available complaint below, which includes Exhibit A, the lab results:

Here are the details on this case:

  • Mutant Whey Ingredients (Class Action Lawsuit)

    This ingredient label was taken from the lawsuit PDF. It is not the best quality, but is the best indicator of the complaint.

    The complaint calls to attention that the front of the product’s packaging claims that it contains “44 grams of whey protein per serving” and “Includes 17 grams of BCAA’s and Glutamine”, yet the nutritional facts label shows 22 grams of protein per scoop/serving.
  • The lab tests were thus performed on one scoop, but the data was extrapolated into two scoops, with the following results:
    • 32.576 grams (as calculated from the total bonded amino acids) of [presumably] whey protein, as opposed to the 44 grams expected from the front of the packaging.
    • 8.584g free form amino acids were found (per two scoops), which includes glycine, threonine, alanine, and tryptophan. Of those, alanine is the one that’s not listed on the label.
    • An additional 3.886g taurine were found (per two scoops)
    • “The Products’ labels claim that the Products contains 17 grams of L-Glutamine and the Branched Chain Amino Acids L-Leucine, L-Valine, and L-Isoleucine (“BCAA’s”). However, scientific testing revealed that the Products only contain 7.356 grams of BCAAs per two scoops and zero L-Glutamine.“.
  • The case is filed in California, with the plaintiff being Adrian Canizalez, who is represented by Nick Suciu of Barbat, Mansour, & Suciu PLLC; Jonathan Shub of Seeger Weiss, LLP; and Tina Wolfson of Ahdoot & Wolfson, PC.

Some commentary

Mutant Whey Lawsuit

Circled in yellow, the front of the label seems to be the biggest source of criticism in this class action complaint.

Technically speaking, if the lab data is correct, the numbers do add up to 44g: ~32g bound protein, ~8g free form aminos, and ~4g taurine.

The complaint justifies itself by stating “Although the back labels of the Product mentions some free form amino acids, by name, such as L-Glycine, L-Threonine, and Taurine, Defendant does not explain that these ingredients make up a significant portion of the claimed protein content.”

The biggest issues are regarding the misleading intent: the front of the product’s packaging states “44g whey protein”, which the plaintiffs contend is not true. Also in question is the potentially missing glutamine and the unlisted alanine.

The Disclaimer

As always, these are still just allegations, and nothing is proven yet.

Once again, we are yet to see an appropriate chain of custody that documents where the product that was tested came from, where it traveled, and how it can be proven that it wasn’t tampered with.

For more updates and other class action suits, see our article on amino acid spiking and learn the details behind the situation.

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