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Vitamin Shoppe, Inc. was hit with a false labeling class action lawsuit, alleging that the claims made on several of its dietary supplements and protein products are false.
The class action lawsuit was filed in a New York federal court by New York resident Edwin Segovia and Florida resident Junior Hermida, who both purchased Vitamin Shoppe’s BodyTech Whey Tech Pro 24. Hermida also purchased the BodyTech 100% Casein. BodyTech Primal Pro is also included in the class action lawsuit.
They allege that Vitamin Shoppe “knowingly employs a common scheme of under-dosing the ingredient Aminogen in all of the products and falsely claiming that lactase aids in the absorption and digestion of protein.”
Segovia and Florida resident Hermida say that these “claims are false and misleading.”
“[Vitamin Shoppe], unapologetically and with no remorse, boasts about the inclusion of Aminogen in the products, but then under-doses it in the formula to make the ingredient useless,” they allege in their Vitamin Shoppe class action lawsuit.
In addition, they allege that Vitamin Shoppe also makes “false claims regarding the function of lactase in the body.”
On the Whey Tech Pro 24 label, it says that “Whey Tech Pro 24 is enhanced with lactase as well as Aminogen, a patented protein enzyme blend” and This grouping of enzymes may help aid in the absorption and digestion of protein.”
On the 100% Casein label, it says that the product is “Enhanced with Aminogen, an enzyme that helps your body breakdown protein” and that it is “Enhanced with Aminogen, an enzyme that helps you breakdown and absorb protein.”
The Primal Pro label says that it includes “Aminogen to help support amino acid absorption and nitrogen retention from whey protein.”
According to the class action lawsuit Whey Tech Pro 24 and 100% Casein has 24 grams of protein and 25 milligrams of Aminogen in each serving. Primal Pro has 30 grams of protein and 25 milligrams or less of Aminogen.
According to Sedovia and Hermida, Vitamin Shoppe relies on two studies to support the claims about Aminogen. In one study, 2.5 grams of Aminogen were used in combination with 50 grams of whey protein and in the second study, approximately 1.2 grams was used in combination with 40 grams of whey protein.
“Defendant’s dosing of 25 mg or less of Aminogen per serving of the products is a fraction of the clinical dosing needed to provide the efficacy claims made by defendant,” they explain in their Vitamin Shoppe class action lawsuit.
“The clinically effective dosing of Aminogen is 3-5% of the protein intake,” they add. “Defendant uses a dosing protocol of less than 0.1% of Aminogen as part of the protein content in all products.”
Because the products do not include the effective dosages, it is impossible for the product to live up to the labeling and marketing claims” that Vitamin Shoppe makes.
About the lactase claims, the plaintiffs explain that “while the addition of lactase to the products may certainly aid in the digestion and absorption of carbohydrates, it plays no biochemical/metabolic role in protein digestion and absorption.”
The plaintiffs propose that the class action lawsuit include a national class, a New York subclass, and a Florida subclass.
The charges against Vitamin Shoppe include breach of express warranty, fraud, violation of New York’s Consumer Protection from Deception Acts and Practices Act, violation of New York’s False Advertising Act, violation of the Florida Deceptive and Unfair Trade Practices Act, and unjust enrichment.
They are asking for injunctive relief, damages, restitution and disgorgement of profits from the sale of the products in the false labeling class action lawsuit, and attorneys’ fees.
The plaintiffs are represented by Parker J. Cambs and Jordan L. Chaikin of Parker Waichman LLP and Jonathan Shub of Seeger Weiss LLP.
Counsel information for Vitamin Shoppe is not yet available.
The Vitamin Shoppe Class Action Lawsuit is Segovia et al v. Vitamin Shoppe, Inc, Case No. 7;14-cv-07061, in the U.S. District Court for the Southern District of New York.
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