Class Action Lawsuit Filed Over Bogus Bodybuilding Supplements

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A bodybuilding supplement manufacturer based in New Jersey has been hit with a class action lawsuit accusing it of falsely advertising that some of its products lack the active ingredients the company touts as essential for muscle-building.

According to plaintiff Kyle Janovick’s class action lawsuit, laboratory tests confirm that three supplement products sold by Maximum Human Performance Inc. don’t contain certain amino acids that the company claims increase blood flow to muscles during exercise, and help boost muscle-building. The products include “Dark Rage,” “Anadrox” and “Trac-Extreme.”

The main product targeted in the class action lawsuit is MHP’s “Dark Rage” pre-workout formula, which is advertised as containing the amino acid derivative L-Arginine AKG. This amino acid is a popular ingredient in bodybuilding supplements. Research suggests that it may help dilate blood vessels when it is metabolized into nitric oxide.

MHP asserts that Dark Rage contains a “multiphasic supply of bioeffective Arginine” that helps athletes build muscles. According to the class action lawsuit, these claims are “completely false” and violate California’s False Advertising Law and unfair business practices statute. A laboratory analysis of the products shows that Dark Rage contains no traces of L-Arginine and therefore cannot deliver the results as promised.

“Defendant’s business practices, as alleged herein, are fraudulent because they are likely to, and did, deceive consumers — including plaintiff and members of the class — into believing that the products have characteristics, ingredients and benefits they do not have,” the class action lawsuit says.

Janovick also takes issue with MHP’s Anadrox and Trac-Extreme products, which are advertised as containing citrulline malate, a derivative of the amino acid L-citrulline. L-citrulline has been linked to an increase in arginine levels and may possibly induce vasodilation.

According to the class action lawsuit, MHP claims that these products contain “vasothermic fat loss activators,” can cause “maximum muscle fiber and expansion” and increase an athlete’s energy. MHP claims that Trac-Extreme has “timed-release nitric oxide/creatine technology” that can trigger “extreme muscle expansion.” However, a laboratory test revealed that neither product contained citrulline malate or L-citrulline.

“Defendant sells a one-month supply of the products for approximately $40.00 to $70.00 each based on the preceding false advertising claims. As a result, defendant has wrongfully taken millions of dollars from consumers nationwide,” the class action lawsuit says.

By filing the class action lawsuit, Janovick seeks to represent a nationwide class of consumers who bought products that violated California law over the last four years. He also seeks a court order to prohibit MHP from fraudulently marketing the products that do not contain the promised ingredients.

This class action lawsuit is the latest to target supplement manufacturers who claim that L-Arginine is effective at building muscle. Separate L-Arginine class action lawsuits targeting General Nutrition Corp. and Iovate Health Sciences Inc. allege that when taken orally, L-Arginine does not change into nitric oxide and does not provide a greater benefit to muscle-building than exercise alone.

Janovick’s class action lawsuit differs from these actions because he is not taking issue with the effectiveness of the product. He accuses MHP of falsely advertising Dark Rage because the product contains no traces of L-Arginine.

Janovick is represented by Scott J. Ferrell and Victoria C. Knowles of Newport Trial Group APC.

The L-Arginine Supplement Class Action Lawsuit is Janovick v. Maximum Human Performance Inc. et al., Case No. 3:13-cv—2129, in the U.S. District Court for the Southern District of California.