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Two Illinois consumers have filed a proposed class action lawsuit against NBTY and United States Nutrition alleging the companies falsely advertised the benefits of their bodybuilding supplement.
Plaintiffs Gherson Tovar and Larry Wiegand claim they and other consumers were deceived by the Body Fortress 100% Pure Glutamine Powder dietary supplement package labeling which states that its key ingredient glutamine enhances muscle growth and assists in recovery from workouts.
Glutamine is a naturally occurring neutral amino acid that the human body produces. It is the most abundant free amino acid in human skeletal muscle and plasma.
“Many healthy people are under the impression, perpetuated by the likes of Defendants here, that a supplemented intake of glutamine has beneficial effects. This is commonly the case among athletes and bodybuilders, who commonly consume glutamine 1 to 3 times daily,” the lawsuit states.
Specifically, the front of Body Fortress 100% Pure Glutamine Powder’s label clearly states that the bodybuilding supplement is the “Ultimate Recovery Fuel” and that the product “Assists Recovery From Workouts.”
The plaintiffs contend these recovery claims are “blatantly false,” saying the bodybuilding supplement does absolutely nothing for the recovery from exercise or recovery of muscle tissue, according to numerous scientific research papers.
One study referenced in the lawsuit and published in the Journal of Parenteral and Enteral Nutrition found that glutamine failed to affect muscle protein kinetics of test subjects.
Another study published in the European Journal of Applied Physiology and cited in the Body Fortress supplement class action lawsuit suggested that glutamine supplementation during resistance training had no significant effect on muscle performance, body composition, or muscle protein degradation in young healthy adults.
These and numerous other scientific studies have led the plaintiffs to accuse NBTY and United States Nutrition of falsely representing the efficacy of Body Fortress 100% Pure Glutamine Powder.
The lawsuit further notes that while the front label of Body Fortress 100% Pure Glutamine Powder cites a 1995 study purporting the benefits of glutamine supplementation, the study participants never ingested supplemental glutamine.
“Defendants thus mislead consumers (1) by extrapolating the effects of naturally occurring endogenous Glutamine, with that of L-Glutamine supplementation; and (2) by citing to a study that does not support the notion that Glutamine supplementation assists in recovery,” the lawsuit states.
Both Tovar and Wiegand contend they purchased and consumed the product because they believed the claims listed on the alleged misleading label. Had they known the product did not work as advertised, they would not have purchased the supplement powder or would have paid less for it.
The plaintiffs filed the lawsuit against the Delaware-based companies on multiple counts including violation of state consumer fraud acts and the Illinois Consumer Fraud and Deceptive Business Practices Act.
They are seeking to represent a nationwide Class of consumers who purchased Body Fortress 100% Pure Glutamine Powder, a consumer fraud multi-state Class for persons in California, Florida, Illinois, Massachusetts, Michigan, Minnesota, Missouri, New Jersey, New York, and Washington, as well as an Illinois subclass.
Tovar and Wiegand are represented by Matthew H. Armstrong of Armstrong Law Firm LLC; Nick Suciu III of Barbat, Mansour & Suciu PLLC; and Stuart L. Cochran of Steckler Gresham Cochran.
The Body Fortress Glutamine Supplement False Advertising Class Action Lawsuit is Gherson Tovar and Larry Weigand v. NBTY Inc. and United States Nutrition Inc., Case No. 3:16-cv-1037, in the U.S. District Court for the Southern District of Illinois.
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10 thoughts onBody Fortress Supplement Makers Hit With False Ad Class Action
Please add me to the lawsuit.
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