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Consumers Seek Class Status Over Fraudulent Labeling On Muscle Recovery Supplement

Elizabeth DiNardo, Esq. | Associate Counsel

Two Illinois residents have filed claims against health food supplement companies, NBTY Inc. and United States Nutrition, alleging that the companies falsely advertised the supposed benefits of their products. Named plaintiffs, Gherson Tovar and Larry Wiegard, claim that the labeling on the Body Fortress 100% Pure Glutamine Powder actively deceived consumers by boasting that the product assists in muscle growth, enhancement and recovery after a workout.

Plaintiffs point to many scientific studies to argue that any promotion of the Body Fortress product as a key part of muscle recovery is blatantly false. The Journal of Parenteral and Enteral Nutrition found that glutamine, which is a naturally-produced neutral amino acid in the human body, failed to affect muscle protein kinetics in study test subjects. Likewise, a study published in the European Journal of Applied Physiology also concluded that glutamine supplements have no beneficial effects on muscle performance or protein degradation in test subjects.

To further bolster their claims, Plaintiffs also point out that the 1995 study cited on the product’s label never actually consisted of study subjects ingesting glutamine supplements. Had they known that the promoted benefits of the product were based on misleading studies and empty claims, both Plaintiffs insist that they would not have purchased the product and accuse the defendants of violating the Illinois Consumer Fraud and Deceptive Business Practices Act. Plaintiffs are seeking class status on behalf of all consumers who purchased Body Fortress 100% Pure Glutamine Powder.

The case is: 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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