Dynamic Sports Nutrition Faces Class Action Over ‘Steroid’ Supplements

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Dynamic Sports Nutrition, a supplement company, is faced with a putative class action lawsuit alleging the company falsely markets some of its anabolic supplements. According to the class action lawsuit, the company claims their supplements are steroids, or that they work as effectively as steroids, but they do not perform as advertised.

According to the supplement class action lawsuit, plaintiff Matthew Tiger purchased the Dynamic Sports Nutrition supplements from the website anabolics.com and took the products according to the instructions found on the label. He reported receiving none of the promised benefits as a result of ingesting the supplements. Tiger said the packaging and labels of the products were made to look the same or similar to anabolic steroid products classified under the U.S. Drug Enforcement Schedule III.

The products under scrutiny include “Tren 75,” “Winn50,” “Test 600x,” “Clen,” “Var,” and “Deca 200.” The Dynamic Sports Nutrition class action lawsuit goes into detail on each of the targeted products, spelling out product labeling issues, gives pictures of product labeling, describes supplement contents, and refers to marketing material posted on various websites that sell the supplements.

“Defendants’ products packaging and marketing are designed to deceive purchasers into believing they are purchasing ‘legal steroids’ and are marketed on the Internet,” the supplement marketing class action lawsuit alleges.

Tiger claims he would not have purchased the supplements if he had been made aware that the products did not actually provide the results they claimed.

“Defendants are defrauding consumers because they are either (i) selling fake steroids (and/or fake supplements), or (ii) illegally selling real steroids by calling them fake steroids,” the supplement labeling class action lawsuit reads.

Tiger is seeking certification for a nationwide Class and a Florida subclass of consumers who purchased the aforementioned supplements. He brings forth two allegations in the class action lawsuit: violation of the Florida Deceptive and Unfair Trade Practices Act (on behalf of the Florida subclass) and unjust enrichment (on behalf of the non-Florida consumers class).

The supplement marketing class action lawsuit claims that Dynamic Sports Nutrition violated FDUTPA: “The labeling and marketing of the Defendants’ nutritional supplements are false, deceptive and misleading because they cause consumers to believe that the products are legal forms of illegal substances that provide results that are the same or similar to those obtained by using illegal anabolic steroids.”

The class action lawsuit’s outline of unjust enrichment states, “Under common law doctrine of unjust enrichment, it is inequitable for Defendants to be permitted to retain the benefits they receive, and are still receiving, without justification, from the false and deceptive labeling and marketing of Defendants’ dietary and nutritional supplements.”

Tiger is seeking an order against Dynamic Sports Nutrition to stop the company from continuing in the allegedly deceptive and misleading marketing acts, payment of restitution to the plaintiff and classes, disgorgement of profits made by the company and an award of attorney fees.

Tiger is represented by Shyamie Dixit and Robert L. Vessel of Dixit Law Firm PA.

The Dynamic Sports Nutrition Class Action Lawsuit is Tiger v. Dynamic Sports Nutrition LLC, et al., Case No. 8:15-cv-02375, in the U.S. District Court for the Middle District of Florida.