October 2018: The Ninth Circuit Court of Appeals reversed the dismissal and remanded the case for further proceedings. (Case No. 16-15374, 9th Cir.)
March 2016: The named plaintiff filed a Notice of Appeal.
February 2016: The named plaintiff notified the Court that he will not be amending the complaint but rather intends to appeal the dismissal decision.
December 2015: A federal judge dismissed the complaint finding that, among other things, the named plaintiff did not sufficiently plead that he relied on the allegedly deceptive advertising in making his purchasing decision. The court gave him 21 days to amend the complaint in order to fix the problems.
January 2015: A class-action lawsuit was filed against MusclePharm for allegedly falsely marketing the dietary supplement MusclePharm Arnold Schwarzenegger Series Iron Mass. Specifically, the complaint alleges that the company uses a practice called “protein-spiking” (i.e., adding cheaper non-protein ingredients, such as amino acids, to increase the nitrogen content, which then makes it appear as if the product contains more protein than it actually has) and, as a result, the product contains approximately 50% less protein than the company represents. (Durnford et al v. MusclePharm Corp., Case No. 15-cv-00413, N. D. CA.).
To learn more about other class-action lawsuits regarding “protein-spiking” and TINA.org’s coverage of the issue, click here.
And for more on the lawsuit against MusclePharm, click here.