Sport Supplement Class Action Challenges Label Claims

A class action lawsuit has been filed against dietary supplement manufacturer PhD Fitness LLC for alleged misrepresentations made regarding its Pre-JYM and Post-JYM sport supplements.

Plaintiff John Sandviks claims “PhD markets these products in a systematically misleading manner, stating that its products have characteristics and benefits that they do not.”

The plaintiff argues that these supplements defraud consumers by failing to state correct ingredient quantities and measurements. The class action lawsuit also states that consumers are not informed that sodium is an ingredient in the supplements.

Sandviks claims the defendant bases their ingredient amounts on the assumption and “scientific backing” that two grams of creatine HCL, a supplement included in the Pre-JYM supplement, produces greater strength and endurance at the same dosage level as creatine monohydrate but at a smaller dose.

According to the class action, “There is absolutely no scientific backing that creatine HCL produces greater strength, endurance, and muscle growth.”

Sandviks says these products are not dosed properly nor scientifically supported. He states that he, and other consumers, would not have “purchased the products had they known the true nature of the ingredients and their dosing.”

The plaintiff alleges PhD Fitness deceptively acted in misleading him, and others similarly situated, in believing that their products, specifically Pre-JYM and Post-JYM, are accurately represented.

Because of that misrepresentation, Sandviks says he suffered an injury in purchasing the sport supplements. The plaintiff says he bought the products numerous times through Bodybuilding.com.

According to the class action lawsuit, the “face” of the PhD Fitness is Jim Stoppani. He received his doctorate in exercise physiology from the University of Connecticut, and conducted his postdoctoral studies at the John B. Pierce Laboratory and its Department of Cellular and Molecular Physiology at Yale University.

Products sold under PhD Fitness, with its headquarters located in Thousand Oaks, Calif., can be found at Bodybuilding.com and GNC, a commercial enterprise focusing on the retail sale of nutrition and health related products.

In July 2013, the JYM dietary supplement line was born and PhD Fitness first started its business dealings through Bodybuilding.com. In May 2016, GNC began to carry and sell its dietary supplement.

PhD Fitness is currently facing another putative class action lawsuit filed by a Seattle resident who also claims its Pre-JYM and Post-JYM products are falsely labeled with claims not supported by scientific backing.

Sandviks is represented by Harper T. Segui.

The Sport Supplements Class Action Lawsuit is John Sandviks v. PhD Fitness LLC, Case No. 1:17-00744-JMC, in the U.S. District Court for the District of South Carolina.