GNC L-Arginine Supplement Class Action Lawsuit

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General Nutrition Corp. (GNC) was hit with a proposed class action lawsuit last week that accuses the company of falsely claiming that its L-Arginine dietary supplements increase blood flow.

According to the class action lawsuit, filed August 7, GNC claims that its L-Arginine oral supplements increase blood flow due to the effects of the naturally occurring amino acid L-Arginine on the body. However, plaintiff Stephanie Hirmez alleges the supplement does not deliver the same results as the naturally-occurring supplement. She claims that reliable scientific studies show that the supplements do not metabolize into nitric oxide or increase blood flow.

Nitric oxide products are popular with bodybuilders and other athletes seeking to build muscle mass. The supplements at issue in the GNC supplement class action lawsuit include GNC Pro Performance Rapid Drive Arginine 5000, L-Arginine 5000, L-Arginine 1000 and L-Arginine 500. Hirmez alleges that the labels on these products not only promise to increase blood flow, but also increase lean muscle mass, enhance athletic performance, and increase circulation of oxygen and nutrients.

Hirmez wants the court to prevent GNC from marketing its L-Arginine supplements in such a misleading manner. She also wants the company to pay back the money it gained from falsely advertising its supplements. She claims that GNC had access to reliable scientific evidence related to its products but failed to acknowledge it. In her class action lawsuit, Hirmez claims that she and the putative Class Members were “unfairly deceived” into purchasing the supplements by GNC’s “deceptive, fraudulent unfair and misleading practices.”

The GNC class action lawsuit targets the L-Arginine compound as the sole ingredient at issue. While the compound is supposed to release nitric oxide into the blood, Hirmez alleges that there are reliable studies that demonstrate that L-Arginine supplementation does not work to increase muscle flow. All of the studies have shown L-Arginine supplements to be ineffective at increasing blood flow and the circulation of nutrients.

Hirmez claims that she relied on the false and misleading labeling of the products when she made the decision to purchase them. The GNC class action lawsuit alleges that she and the putative Class Members paid more than the product was worth. While they paid a higher price for a product that was advertised as having healthful or beneficial qualities, the plaintiff and putative Class Members did not receive any of the promised benefit from the supplements.

Hirmez seeks to certify a proposed class of U.S. residents who purchased these products from GNC anytime in the last four years until the end of the litigation. She also seeks to certify a similar class of California residents. She is bringing claims for breach of express warranty and violation of California’s False Advertising Law, Legal Remedies Act and Unfair Competition Law.

Hirmez is represented by Nick Suciu III of Oliver Law Group PC and Brian Tomina.

The GNC L-Arginine Supplement Class Action Lawsuit is Hirmez v. GNC Holdings Inc. et al., Case No. 3:13-cv-01828, in the U.S. District Court for the Southern District of California.

UPDATE: On May 27, 2014, a federal judge dismissed the GNC L-arginine class action lawsuit after finding the plaintiff failed to show that total Class damages exceeded $5 million. The plaintiff will be allowed to file an amended complaint and try again.