Inner Armour Lawsuit DISMISSED: Mass-Peak and Nitro-Peak Win in Court

UPDATED September 9, 2016: This lawsuit has been dismissed with prejudice by a United States District Judge. This means that it is permanently dismissed and cannot be re-tried, a major victory for Inner Armour!

Below are the case dismissal documents:

  1. Click here to read the original case dismissal (May 13, 2015)
  2. Click here to read the final dismissal with prejudice (July 20, 2016)

Inner Armour Statement

Inner Armour has provided the following statement, in a press release issued on August 11, 2016:

IA Nutrition Announces Order Dismissing Lawsuit Against the Company

BERLIN, CONN. (August 11, 2016) – IA Nutrition, Inc. announced today that litigation brought against the company in November, 2014 regarding alleged “protein-spiking” claims as to some of its products has been dismissed, with prejudice, by the United States District Court for the Northern District of California. A final Order of Dismissal with Prejudice was entered by the court on July 20, 2016. The suit brought against IA Nutrition was related to the product labeling of its “Mass Peak,” “NitroPeak,” “Casein Peak,” “Whey Protein” and “Super Quad Protein” protein supplement products.

“We are very pleased with the court's Order of Dismissal. As we stated in our response to this lawsuit nearly two years ago, all of our Inner Armour products comply with federal product formulation and testing requirements,” said Andrew Esposito, chief operating officer at Inner Armour. “We appreciate the patience and support of our distributors and athletes during this time, and we are pleased to be able to bring them this good news.”

About IA Nutrition, Inc.

Based in Berlin, Conn., IA Nutrition Inc. is a privately held company that sells protein supplement products aimed at athletes who want to improve their performance through nutrition. IA Nutrition product lines include Inner Armour Blue and Inner Armour Black. For more information, visit www.innerarmour.com.

Since this lawsuit was dismissed with prejudice, it is over and done with.

The final order document (link #2 above) states the following:

An amicable settlement of all matters and things in dispute between the parties having been made, it is hereby STIPULATED AND AGREED by and between the parties listed above, in accordance with Fed. R. Civ. P. 41(a)(1)(A)(ii), that this case may be dismissed with prejudice with each party to bear its own attorneys’ fees and costs.

And thus, the Honorable Maxine M. Chesney, United States District Judge, issued the following order:

The parties having stipulated and agreed pursuant to Fed. R. Civ. P.41(a)(1)(A)(ii), this action is hereby dismissed with prejudice with each party to bear its own attorneys’ fees and costs. SO ORDERED.

— Hon. Maxine M. Chesney, United STates District Judge

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Previous text:

The fourth class action lawsuit has been filed with respect to protein amino acid spiking, and rumor has it that several more are on their way in the coming week.

This time, it’s against Inner Armour, due to their Mass-Peak weight gainer and Nitro-Peak “Whey Hydrolysate Enhanced” products.

The document filed is now publicly available, and our fans can grab it below:

Lawsuit Bullet Points

  • Mass-Peak:

    • Mass Peak Ingredients

      The Mass Peak Ingredients in question. Note the 66g protein comes from using a serving with 16oz whole milk.

      According to the plaintiff, whose case has now been dismissed with prejudice, approximately 18.986 grams of dietary protein (as calculated from the total bonded amino acids) were found, as opposed to the 50 grams on the nutritional label.
    • The front labeling of the product claims “66g protein – 24g Glutamine & BCAAs“, which the suit claims to “mislead a reasonable customer”. The 66g is when mixed with 16oz of whole milk, but that is not mentioned in the PDF.
    • Even with the free form amino acids added in, 50 grams of protein was not found by the plaintiffs, whose case was dismissed with prejudice. Instead, the Total Amino Acids found by the plaintiff was 29.856 grams according to their lab results.
    • The label claims to have “BCAA’s (Leucine, Isoleucine, Valine)“, but no free form BCAAs were found.
    • Free-form tryptophan and Alanine were found by the plaintiff’s now-dismissed complaint, but is not on the label.
  • Nitro-Peak:

    • Nitro-Peak Ingredients

      The Nitro-Peak Ingredients

      Approximately 12.761 grams of dietary protein (as calculated from the total bonded amino acids) was found by the plaintiff’s tests performed, as opposed to an expected 24 grams of protein*
    • * With respect to the above claim against Nitro-Peak’s 24g of protein, the complaint also points out that the front of the label claims “48g protein”. 48g of protein would be from two scoops, but that is not mentioned.
    • Even with the free form amino acids added in, 24 grams of protein was not found. Instead, the Total Amino Acids found was 18.581 grams according to the lab results filed by the plaintiffs. These have been dismissed.
    • The label claims to have “BCAA’s (Leucine, Isoleucine, Valine)“, but no free form BCAAs were found.
    • Inner Armour Lawsuit

      Newer images don’t show the ’48g Protein’ claims shown here, but older labels like this one were in dispute

      Free-form tryptophan and Alanine were found, but is not on the label.
  • The suit was filed in California, with the same law firm (Barbat, Mansour, & Suciu PLLC) as the past similar suits representing the plaintiffs.
  • As with previous suits, the lab tests were performed by ChromaDex.

These lawsuits are all of the same format, but each subsequent one seems to be getting longer, with more penal code violations in each state being found.

Interestingly, some of the disputed label claims have already been changed on the mockup images on Inner Armour’s website.

Disclaimer: These were just complaints and they have been dismissed

As a reminder for all class action complaints, including this one, nothing was ever proven, and they were only accusations. It turns out that these complaints were dismissed with prejudice and are not true per the United States Justice System.

Earlier we wrote that we were still interested to see chain of custody established, in order to prove that the tubs were not tampered with. This is not mentioned in any of the suits, nor was it mentioned in the case dismissal documents, although it could have been discussed in court.

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