On October 29, 2014, under the representation of Jonathan Shub of Seeger Weiss LLP and Nick Suciu of Barbat, Mansour, & Suciu PLLC, plaintiff Lazaro Rodriguez filed a class action complaint in the state of California against Giant Sports Products, LLC, regarding Giant Sports Delicious Protein’s allegedly misleading claims.
The 58 page PDF is available exclusively to our followers below:
- According to testing performed by Chromadex, Delicious Protein clocked in with the following data:
- “The actual total content per serving of protein is actually around 12 grams (as calculated from the total amino acids minus the free amino acids) as opposed to 27 grams of protein claim by Defendant for the Product.)”
- 24.9 grams per serving of “total aminos” per the nitrogen test, vs. an expected 27.
- “Even with these non-protein free form amino acids, the so-called protein content of the Product is still approximately 17.7 grams per serving based on “Total Aminos””
- Disputes regarding the claims “A Whopping 6.75:1 Protein-to-Carbohydrate Ratio” and “Giant Sports Delicious Protein contains 81.8% high quality whey/milk proteins…”
- 3.926g glycine found, which is not on the label
- Two tests on creatine were performed, with findings of one yielding 834mg and the other yielding 1170mg per serving.
- 3.229g taurine per serving was found. Both taurine and creatine are on the label.
- This is filed by the same lawyer who filed the Body Fortress case, Nick Suciu. He now has his own firm, and we have a feeling this is a name you’ll be seeing many more times.
As we write this, Giant Sports has not yet been served with the complaint, so they are unable to comment.
Disclaimer: Nothing is proven yet
As a reminder for both this and the Body Fortress lawsuit, nothing has been proven yet, and these are simply accusations as of now. But neither legal complaint looks good to the consumer, if the data holds up.
It will be interesting to see where these cases end up. Remember, as discussed in our protein spiking article, much of this (if the data is true) is not technically illegal. Many of these labels actually follow the letter of the law quite well.
The sticking points could possibly be with any unlisted ingredients that are unlabeled, and the claims of the ratios in the product. But we’re not lawyers, so check out the document and see for yourself.
Until then, if you’re looking for a protein powder, use the questionnaire on our guide, What is the Best Protein Powder… For YOU?