2. This is long, but if you care to read it, it’s here: (ii) The “corrected amount of protein (gram) per serving” for foods represented or purported for adults and children 1 or more years of age is equal to the actual amount of protein (gram) per serving multiplied by the amino acid score corrected for protein digestibility. suffered an injury in fact, (2) that is fairly traceable to the challenged conduct of the defendant, and (3) that is likely to be redressed by a favorable judicial decision.”, The class action provisions of Article III standing state that the plaintiff cannot sue on behalf of others who may have been injured. : 1:14-cv-05030). Body Fortress LAWSUIT: Amino Acid Spiking Class Action UPDATED. While he understands that “The regulations permit manufacturers to calculate the total amount of protein by multiplying the product’s nitrogen content by a factor of 6.25. Three hydrolysates, in duplicate, are required: Taurine is cheap, generally from China. Suggested: chocolate, ready to drink, protein bars, etc. 8.00- Use nitrogen, but also have to determine individual amino acids by HPLC testing method. US Food and Drug Administration; “CFR – Code of Federal Regulations Title 21”. The first major shot has been fired: A class action lawsuit against Body Fortress has been filed in California. Body Fortress Whey Protein Claims Body Fortress Whey Protein claims to rebuild muscles fast. He is an n=1 diet experimenter with extensive experience in supplementation and dietary modification, whose personal expertise stems from several experiments done on himself while sharing lab tests. This order was not good news for any manufacturer who’s been amino acid spiking, and that hopefully means consumers will continue to see protein powder quality rise out of legal necessity. We always want to keep you informed about new things to watch for and be aware of. While there is a little whey isolate in the powder, it is mostly whey concentrate. We never have done Amino Acid Spiking. [2] Get your flak jackets out! The problem is that several protein sources are not defined by the sources above. We're committed to transparency and honesty in all our products, and also committed to informing our customers when we learn of practices in other brands that are less than transparent and honest. Copyright © 2020 UNJURY Protein. Scroll below for one of the best products we’ve seen over the last year. It can be argued that Shah is writing law from the bench here. 3:16-cv-1037, in the U.S. District Court for the Southern District of Illinois. We will never do Amino Acid Spiking. According to the Body Fortress class action lawsuit, the defendants engaged in the practice of “protein-spiking,” also known as “amino-spiking” or “nitrogen-spiking,” in which manufacturers add free-form amino acids and non-protein ingredients to increase the supplement’s nitrogen content while decreasing the manufacturing costs. For orders or questions about our products call our toll free number: For the best experience on our site, be sure to turn on Javascript in your browser. In fact, we sent out emails as early as 2013 about this problem, so continue to watch these emails. 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. If you have more questions, just email Service@UNJURY.com, If you're not satisfied, return it for a full refund, Important Health Information & Useful Tips, Delicious recipes to help keep you on track. 5.4.1 For determination of all amino acids: Body Fortress Super Advanced Whey Protein Powder, Gluten Free, Chocolate Peanut Butter, 2 Pound, 2 Pack, (2lbs Total) (Packaging May Vary) 4.5 out of 5 stars 168. Close. Then there is a factor that is used by the type of food being tested, like milk proteins at .95. The crux of the latter decision discussed above begins on page 9 in the PDF, under the section B. Point being: Amino acid spiking might not be as “technically legal” as many in the industry were led to believe, but it’s still undetermined. Attorneys are investigating a potential class action lawsuit on behalf of consumers of Body Fortress. Now that the decision has been overruled, you can believe that the floodgates will be open for supplement industry lawsuits, especially with so many dubious claims, warring tribes, and monstrous egos involved. Body Fortress LAWSUIT: Amino Acid Spiking Class Action UPDATED, Click here to read the November 2016 case updates, Body Fortress has released a new Super Advanced Whey Protein Formula, https://www.supremecourt.gov/opinions/13pdf/12-761_6k47.pdf, Experts advise supplement companies to carefully review labels in wake of POM ruling, https://www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfcfr/cfrsearch.cfm?fr=101.9, Axe & Sledge Announce ICEE Flavors for Ignition Switch and The Grind. Get full nutrition facts for other Body Fortress products and all your other favorite brands. COVID-19 update: Online store remains open & shipping on-time. In this specific action, the defendants are NBTY, Inc., United States Nutrition, Inc., and Healthwatchers, Inc., and the product being called into question is Body Fortress Super Advanced Whey Protein & Super Advanced Whey Isolate. You can retrieve the publicly available PDF below: Body_Fortress_Lawsuit-Protein_Complaint-20140701.pdf, It has begun: The Body Fortress Amino Acid Spiking Class Action Lawsuit! Body Fortress’ label makes misleading claims about its protein content, the lawsuit alleges. They allegedly spike their protein and people are suing them seeking damages. Body Fortress Whey Protein Powder offers 24g of protein per 37g scoop. Here is a lawsuit against NBTY which makes Body Fortress Whey Protein. Save 40% on all Meal Replacement Containers for a limited time Save Now, By Email: service@unjury.com Customer Service: 1(800) 517-5111. tryptophan, methionine and cystine; Body Fortress’ label makes misleading claims about its protein content, the lawsuit alleges. I've been using Body Fortress for like a year now. You can see the PDF below, after which we’ll get into the details: Judge Shah denied Body Fortress’s motions to dismiss on account of Article III standing (explained later), and more importantly, denied their motion to dismiss with respect to plaintiffs’ consumer fraud claims. This basically meant that in our industry, it was extremely difficult for one food/supplement company to sue another food/supplement company over deceptive labeling claims. Mike Roberto is a research scientist and water sports athlete who founded PricePlow. NBTY was among the first companies sued -- back in July 2014 -- for allegedly underdosing its “Body Fortress Super Advanced Whey Protein,” which, according to … We don't know where the taurine in Body Fortress comes from. Slowly increasing your dose up to … When Taurine is added to a protein supplement, it "tricks" the protein test into thinking there is more protein than there actually is, effectively denying your body some of the complete protein it actually needs. Protein Spiking Class Action Lawsuit filed: Body Fortress Whey on the chopping block. They obviously were quick on the draw to relabel and call the new version "new and improved". § 101.9(c)(7)(ii). Thanks to AC Slater (@TheStroBro on Twitter) for finding this document! There are 130 calories in 1 scoop (34 g) of Body Fortress Whey Isolate Protein Powder. Body Fortress ® supplements are premium alternatives to overpriced bodybuilding supplements. The lawsuit was filed on August 25, 2014 in the United States District Court for the Eastern District of New York (Case No. Click the image to download. Highest quality whey protein is expensive. End of the day? Taurine has little or no value to adult humans as a source of quality protein, but it does have nitrogen, and it is cheap (usually from China) for the amount of nitrogen. NEW WHEY Nutrition is facing a similar "spiking" suit, according to this LegalNewsLine.com release: http://legalnewsline.com/issues/class-action/253566-class-action-accuses-new-whey-nutrition-of-protein-spiking What is "amino acid spiking"? acid hydrolysis of oxidised protein for detennination of methionine and cystine; this hydrolysate may also be used for the detennination of all other amino acids except tryptophan, tyrosine, phenylalanine and histidine; values for amino acids determined in both acid hydrolysis i) and ii) may be averaged; So, the factor should be calculated on a weighted average process. You can see that the outside is gold, so you weigh the lump to see how much gold you have in your hand. NBTY is one of the largest supplement manufacturers in the world with brands like Solgar, Vitamin World, MetRx, Puritan’s Pride, Pure Protein, Nature’s Bounty and on and on. Posted by u/[deleted] 5 years ago. As observers of the class action lawsuit game had predicted, lawsuits based on alleged protein spiking are starting to pile up, and an initial target is one with deep pockets: NBTY. Ghost Gamer Giveaway: Feel the Power of CLINICAL Dosed Gaming! They carry it at Walgreens so it's convenient to pick up along with whatever other sups and hygiene stuff I need for the month. ... and Healthwatchers, Inc., and the product being called into question is Body Fortress Super Advanced Whey Protein & Super Advanced Whey Isolate. If you’re trying to lose weight, use skim milk or water. April 2014: THINGS TO WATCH OUT FOR IN YOUR PROTEIN, March 2013: Protecting Your Patients from... (email to Medical Professionals). Specifically, allegations include that Body Fortress Super Advanced Whey Protein does not contain the amount of whole protein that is claimed on the product’s label. The protein digestibility-corrected amino acid score shall be determined by methods given in sections 5.4.1, 7.2.1, and 8.00 in “Report of the Joint FAO/WHO Expert Consultation on Protein Quality Evaluation,” except that when official AOAC procedures described in paragraph (c)(7) of this section require a specific factor other than 6.25, that specific factor shall be used…[TRUNCATED]. A class action lawsuit recently filed by Parker Waichman LLP; Seeger Weiss LLP; and Barbat, Mansour & Suciu PLLC, alleges that Body Fortress Super Advanced […] It’s the latter of these two that’s most important to consumers — in plainspoken words, the judge currently seems to agree that the labeling is misleading, or he at least doesn’t disagree enough to dismiss it. https://www.classaction.org/body-fortress-protein-supplements A group of law firms, including Parker Waichman LLP, has filed a class action lawsuit on behalf of consumers who purchased the protein supplement product, Body Fortress Super Advanced Whey Protein.The lawsuit was filed on August 25, 2014 in the U.S. District Court for the Eastern District of New York (Case No. Contact Us. These minerals are needed for healthy teeth and bones, muscle contraction, fluid balance and nerve transmission. Revive MD Announces Free Blood Testing for Customers. Body Fortress Super Advanced Whey Protein Price You can buy 2 pounds of the stuff for about 30 dollars on Amazon, which is $1.66 per serving or 5.5 cents per gram of protein. I'm curious as to whether you have reviewed the new label on Body Fortress' Super Advanced Whey Protein. That was the FDA’s job – end of story…. So if you are both paying for 30 grams of complete protein and getting 21.5 grams as the suit indicates, then you are getting cheated by almost 30%. The other part of the case that was not dismissed is about jurisdiction and harm. Nutraingredients-USA.com has a good article about this as well, warning scrupulous companies to prepare themselves. 1. The company also promises that this product contains no gluten, aspartame, or added soy. Click here to read the November 2016 case updates. Insufficient protein can cause hair loss, muscle loss, fatigue and interfere with your weight loss success. ($17) I know body fortress just got in trouble for amino spiking their protein however, is it g2g now? Because of the types of protein it uses, Body Fortress Whey Protein works best when taken right after a workout. So the test assumes that if it sees a certain amount of nitrogen, there is a corresponding amount of protein. 7.2.1- Use the nitrogen testing method for protein (n x 6.25). Body Fortress, a widely-sold brand of protein supplements is under investigation for making false claims and fraudulent advertising. In the wake of … Click the button below to sign up for future Body Fortress deals, news, and coupons! Because your body may not be used to such a large dose, you may experience some minor side effects; including more frequent bowel movements and stomach upset. ii. Click here (http://www.prweb.com/releases/2014/08/prweb12122220.htm ) to learn about the suit. See the link for more info. The whey proteinindustry is a growi ng and extremely competitive business environment: “during the forecast period, protein [the market for] 26 behalf of themselves and all others similarly situated. Protein spiking involves the use of non-protein ingredients in protein supplement products. The lawsuit accuses NBYT of using deceitful amino acid spiking to exaggerate the protein levels claimed on the labels of two of the Body Fortress products. So can you really legally count it as protein as if it were??? Super Advanced Whey Protein; Super Advanced Isolate Protein; Super Advanced Mass Gainer; POWER & RECOVERY. Category: Amino Acids: Sep 03, 2015: Product News Super Advanced … 2. 2. Edit: I was just informed that there is a class action lawsuit filed against Body Fortress, in which they are accused of engaging in a practice referred to as "amino spiking" and their true protein content is ~22-24 g per scoop as opposed to 30. But overall, if you’re interested in nutrition, the lawsuit PDF is very easy to understand. If the corrected score is above 1.00, then it shall be set at 1.00. At least two class actions have been filed against the Ronkonkoma, NY-based supplement manufacturing giant over its Body Fortress Super Advanced Whey Protein. Regulatory Compliance. Judge Manish S Shah here just threw the book at amino acid spikers – especially if you’re going to make claims on the front of the label! Contact a doctor before using supplements. Any vegan food with “protein” needs to have its facts panel corrected using a PCAAS multiplier & not Kjeldahl? It is using amino acids, including taurine and creatine monohydrate -- instead of the complete proteins that give you all the amino acids your body needs. Why do amino acid spiking? However, since the judge seems favorable to the fact that the plaintiffs in their current jurisdictions may have been injured, he is leaving the case open-ended and is allowing the plaintiff’s lawyers to add more classes from other jurisdictions (“the propriety of these plaintiffs pursuing multi-state classes can be revisited at a later stage”). 0.0 0. Best from the judge’s mouth: One component of subject-matter jurisdiction is Article III standing—the requirement But, there are no factors for Creatine Monohydrate, Asparagine and Hydroxyproline. (Buy Now | Read More), Raw Nutrition's EAA: Learn Why to Use All 9 EAAs(Buy Now | Read More), Animal Greens: Get Your Greens without Drinking Them! 1. This article was originally posted on July 2, 2014. The supreme court recently ruled that Pom Wonderful may sue Coca-Cola, their competitor, for anti-competitive label claims. It’s more about the science and the products – not too much overwhleming legal jargon. Will that decision affect the supplement industry? And what about real foods? JavaScript seems to be disabled in your browser. Well NBTY manufactures Body Fortress Whey Protein. Taurine and creatine don't give it to you. Body Fortress. Because of that argument (which is credit to Bruce Kneller), there’s a serious chance this gets reversed on appeal. Over two years later, this lawsuit is still going through the legal motion process. You can either mix it with a spoon, shaker, or blender. Body Fortress Super Advanced Whey Protein Price You can buy 2 pounds of the stuff for about 30 dollars on Amazon, which is $1.66 per serving or 5.5 cents per gram of protein. 1. A class action lawsuit has been brought over protein spiking allegations involving Body Fortress Super Advanced Whey Protein. Body Fortress Super Advanced Whey Protein. The regulation requires that for any product making a protein claim (everyone agrees that defendants’ product makes such a claim: “60g Premium Protein”), the product must contain a statement of protein content as a percentage of the Daily Reference Value calculated using the “corrected amount of protein”—an amount that is not calculated by simply multiplying the amount of nitrogen by 6.25, but by taking into account the “protein quality value,” or “protein digestibility-corrected amino acid score.” See 21 C.F.R. NutraBio Plant Protein is Here (and One Flavor is Astonishing! At one point, many believed certain forms of spiking were “legal but unethical”… and that just might not be the case (at least not if you put a protein claim on the front of the label) if Shah gets his way. The product labeling claims to have 30 grams of protein per serving, but this number allegedly also includes free form amino acids, including Glycine, Threonline, L-Glutamine, Leucine, Valine, and Isoleucine; the non-protein amino acid, Taurine; and the non-amino acid compound, Creatine … According to the lawsuit, Body Fortress’ product labeling for their Super Advance Whey Protein “claims to have 30 grams of protein per serving, but this number allegedly also includes free form amino acids, including Glycine, Threonline, L-Glutamine, Leucine, Valine, and Isoleucine; the non-protein amino acid, Taurine; and the non-amino acid compound, Creatine Monohydrate. It even superseded the Lanham Act, which lets you sue competitors who engage in unfair deceptive business practices. We never have done Amino Acid Spiking. It’s fantastic to see a judge learn about all of the laws governing food and supplements. — Excerpts from the Report of the Joint FAO/WHO Expert Consultation on Protein Quality Evaluation. This essentially means that this case may just get bigger, not smaller. alkaline hydrolysis of unoxidised protein for tryptophan. The whey proteinindustry is a growi ng and extremely competitive business environment: “during the forecast period, protein [the market for] (Buy Now | Read More). We will never do Amino Acid Spiking. July 1, 2014: Body Fortress Lawsuit; November 4, 2014: A GNC and 4 Dimension Nutrition joint class action; November 11, 2014: The CVS Lawsuit was filed regarding CVS Whey Protein Powder. Body Fortress Whey Protein can be added to water or milk and users say it mixes well. Get Body Fortress Deal Alerts We’ve finally found this “Report of the Joint FAO/WHO Expert Consultation on Protein Quality Evaluation” — it’s available here on apps.who.int but we’ve also made a backup here. Why This is Important to You: Your body needs high quality complete protein. NutraBio 100% Whey Protein Isolate Shaun Clarida Tub: Celebrate Mr. The law firms filing the lawsuit say that Body Fortress deceives consumers into thinking they are getting 30 grams of whey protein when they are only getting 21.5 grams.UNJURY is Different. Contact us. The statements on this website have not been approved by the FDA. It's a little like having a lump of lead that is coated with gold. 1 and Body Fortress Super Advanced Whey Isolate (the “Products”) from Defendants who misrepresent the amount of whey protein available in the Products. Quest. Worst Powders (most contaminants, least nutrition) Vega* 360Cut. We will never betray your trust. At the store, we were able to confirm that Body Fortress touts a tally of 60 grams of protein on its packaging. Body Fortress is a maker of premium bodybuilding and weightlifting supplements for a non-premium price. For 1 scoop, you want to mix it with 6-8 ounces of liquid and 2 scoops you need 14-16 ounces. 1:14-cv-05030). § 101.9(c)(7)”, he also found laws that go deeper: …§ 101.9(c)(7) also refers to another method of calculating protein content. Giant Sports (Delicious Protein) Alert: Body Fortress, New Whey Accused of "Amino Acid Spiking", Do Good for Others — Feel Better Yourself, Four Ways to Better Habits for Bigger Impact. That leads one to think there is 60g of protein per serving.” After receiving the reader’s email, TINA.org dropped by a local CVS Pharmacy to check up on the packaging. All rights reserved. For the best experience on our site, be sure to turn on Javascript in your browser. Mike's goal is to bridge the gap between nutritional research scientists and non-academics who seek to better their health in a system that has catastrophically failed the public. iii. We will never betray your trust. But as we already know, Creatine Monohydrate is likely the main spiking agent in the Product, yet there is no PDCAAS for Creatine Monohydrate, as it is not a protein or an amino acid.