SuperStarch Class Action Settlement Reached Over Sports Drinks

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A class action against the manufacturer of a line of sports bars and drinks that allegedly contain performance enhancing “SuperStarch,” has ended with a settlement.

The lead plaintiff who filed the UCAN SuperStarch class action argued that athletes actually develop medical problems including gastrointestinal concerns after consuming the products.

Plaintiff Kevin McCann wanted to represent a nationwide Class of buyers in the SuperStarch class action lawsuit but voluntarily dismissed the case with prejudice now that both sides have reached an agreement.

The details of the settlement in the SuperStarch class action lawsuit have not yet been released, although legal representatives involved in the suit confirmed that a settlement had been achieved.

McCann was an athlete himself, arguing in his UCAN SuperStarch class action lawsuit that the products impair the health of users rather than enhancing performance.

The lawsuit was originally filed in the summer based on allegations that the company violated federal and state consumer fraud laws.

The defendants in the SuperStarch class action lawsuit, UCAN, argued for dismissal from the time the claim was filed. UCAN stated that the labels on the product were not deceptive as alleged in the suit.

Further, the defendants said that they had never made arguments or marketing statements that the product claims were supported by scientific evidence.

The products named in the now-settled SuperStarch class action lawsuit included their Generation UCAN SuperStarch Drink Mix, the UCAN Snack Bars with SuperStarch, and the Generation UCAN Protein Drink Mix.

According to the SuperStarch class action lawsuit, those products are allegedly a good energy source for athletes because of better endurance without the downsides of an insulin or blood sugar spike.

The proposed class action lawsuit argued that consumers relied on these statements to purchase the products without actually realizing the GI problems that could result.

The class action lawsuit referenced several studies exploring whether the product was as effective as claimed, noting that none of those research studies had found a connection with enhanced athletic performance.

SuperStarch is made with processed corn that is modified to become waxy maize starch. The SuperStarch class action lawsuit alleged that the company marketed this as a scientifically tested “revolutionary fuel.”

The SuperStarch class action lawsuit was filed with the intention to represent  both a nationwide Class and subclasses from several states, including Florida and California.

UCAN argued in their defense that no one involved in the suit had made claims that the product failed to give them enhanced performance or energy.

The plaintiff and proposed Class in the SuperStarch class action lawsuit are represented by Joseph Siprut of Siprut PC, Nick Suciu III of Barbat Mansour & Sucio PLLC and Jason Thompson and Rod Johnston of Sommers Schwartz PC.

The UCAN SuperStarch Sports Bars Class Action Lawsuit is Kevin McCann v. The UCAN Company, Case No. 1:18-cv-04769, in the U.S. District Court for the Northern District of Illinois, Eastern Division.