Class Action v. CytoSport for not meeting label claims on Protein

Posted by on Mar 1, 2015 in Legal Documents | 0 comments

44-122-thickboxThe lawsuit alleges (full text at the bottom) that nearly every RTD produced by Muscle Milk is significantly off target for actual protein versus label claims, which holds constant for multiple sizes of the same beverages – here are the numbers:

Muscle Milk contains 27 grams of protein, not the claimed 32

Monster Milk Protein Power contains 37-41.55 grams of protein not the claimed 45

Genuine Muscle Milk: Protein Nutrition Shake contains 21 grams of protein not the claimed 32 (for the 17 oz container, though all sized are alleged to be off)

Muscle Milk Pro Series 40: Mega Protein Shakes contain 22 grams of protein not the claimed 25 (for the 14 oz, but all sizes are off)

 

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Class Action Lawsuits based off NY Attorney General’s supplement testing

Posted by on Feb 14, 2015 in Legal Documents | 0 comments

You can read about the Attorney General’s testing of various herbal supplements from Target, Wal-Mart, GNC, and Walgreens in this NY Times article.

You can read the industry’s position in this Nurtaingredients-USA article.

And finally, here are PDFs of each lawsuit thusfar:

Class Action v. Walgreens, GNC, Wal-Mart, Target

Class Action v. Walgreens

Class Action v. GNC

 

 

 

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MusclePharm sued for Amino Spiking: Arnold Series Iron Mass = <50% Protein

Posted by on Jan 31, 2015 in Anthony Roberts, Featured, Legal Documents | 0 comments

mp2When the I first wrote about amino spiking (or protein spiking, if you prefer), it was an open secret in the industry. Some companies opposed it (Optimum Nutrition, etc…) while others embraced it (Giant Sports, etc…). Regardless of the legality, it comes down to ethics. You either give your customers less than they think they’re getting, to lower your production costs and pad your bank account, or you don’t. Companies know which is the right thing to do and which is not, whether an FDA loophole in labeling guidelines allows it or not. With that said, MusclePharm has been accused of spiking in a recently filed class action lawsuit.

According to the lab tests that support the complaint, MusclePharm’s Arnold Schwarzenegger Series Iron Mass contains less than 50% of the nitrogen by actual protein, and the rest is spiked. This doesn’t make them the worst offender in the protein spiking game, but MusclePharm took things a step farther, and not only did they spike, but when accusations began flying they denied it on Twitter, a fact which was noted in the complaint:

mp1In addition, they began circulating various tests that they claimed would prove their innocence in the matter – a rather dubious set of tests performed on their Iron Whey (which is not the product that the lawsuit claims was spiked).  Predictably, Marc Lobliner put out a video saying that MusclePharm was cleared of spiking (it’s worth mentioning that he sells their products)…

ML

Not long after the Lobliner declaration, the president (or whatever he is now) and founder of MusclePharm, tweeted a link to the video and called the process of spiking “Bullsh*t” and hashtagged it with #HypeisREAL ( who could argue with such a bold #hashtag?)

CG

Again, taking deception to a new level, they continued to circulate their lab tests widely,  sending them to PricePlow (who noted that the tests raised more questions than they answered) and Stack3d, who said that MusclePharm had cleared their Arnold Series of spiking:

stack3dWhile the process of spiking ought to be of interest to you as a consumer, the post facto denials and cover-up should be of greater concern. Their investors should certainly be concerned, as I’d suspect that Monday morning sees their stock dropping faster than Tiger Woods drops the Phoenix Open (or faster than the Browns dropped Johnny Manziel, faster than Michael Vick’s QB rating dropped, or whatever their athletes do to fail immediately after MusclePharm signs them). But let’s not forget the real victim here – poor Arnold. He put his name on a nutritional supplement, for the first time ever, and now it’s getting dragged through the mud – the potential media fallout from The Austrian Oak ripping off bodybuilders for half their money, by only giving them half as much protein as they thought…it’s enough to make anyone run to ze choppah.

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Old Progenex Employees: Where are they now?

Posted by on Jan 5, 2015 in Anthony Roberts | 0 comments

Every so often I like to check in on the guys who previously worked at Progenex, just to see what they’re up to. In the case of Darren Meade, according to this hotel reservation made in August, he has recently earned a doctorate:

DoctorMeade

Well, my hat’s off to him, considering a mere four years ago he hadn’t earned so much as an  undergraduate degree. I presume it’s not an M.D., since that’d usually follow his surname, as would esquire if it were a juris doctorate. Great job, Darren!

MeadeDoctorAnother former Progenex Alumni, Andrew Medal, also seems to be doing great. He has written a book (self-published, presumably so he can keep the millions of dollars in profit all to himself). It’s called “Hacking the Valley,” and here’s how Amazon.com describes the author:

“Andrew Medal is the Founder of Digital Disruptive a boutique digital marketing company for disruptive products by disruptive experts: httq://disruptseo.com. He stays busy hacking together marketplaces, releasing new products and bootstrap hacking new ideas. He coined the term bootstrap hacker and bootstrap hacking in 2013, and writes about his tips and clever hacks on his blog: http://bootstraphacker.com. You can find him training for Crossfit competitions, or teaching entrepreneurship to inmates in different institutions with the charity he works with called the Last Mile Project (httq://thelastmile.org).”

What a swell guy. He even writes for Entrepreneur.com:

MedalWell that’s funny. He wrote a whole article about the valuable entrepreneurial skills  that a prisoner might learn whilst locked up, but somehow forgets that he was locked up himself. The article seems to imply that he learned these lessons secondhand, as a result of his participating in a charity group that works with inmates. I mean…the whole article goes by without a mention of the time he suckerpunched a guy he didn’t know, then stomped on the guy’s head when he was down. He doesn’t even mention that his probation was revoked because he was working alongside other convicted felons at Progenex (running a massive boiler room scam). That’s weird…

Well, anyway, I salute these former Progenex employees and their new career paths. I’m sure their futures are bright, and nothing from their past is going to come back and ruin everything.

 

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