MuscleTech, Six Star, Fuel One, and More

April 2016: A federal judge granted final approval of the settlement.

November 2015: A federal judge preliminarily approved a settlement of a class-action lawsuit against Iovate Health Sciences U.S.A.

The complaint, which was originally filed in March 2015, alleged that the company misrepresents the amount of protein in various protein products, including MuscleTech, Six Star, Sam’s Club, Fuel One, and EPIQ, by engaging in “protein spiking” (i.e., adding amino acids to protein products to make it seem like they contain more protein than they actually do).

According to the settlement terms, class members may receive one of the following:

• A full refund with receipts as proof of purchase (up to $300 per household),
• A refund of the suggested retail price with proof of purchase other than receipts (up to $300 per household), or
• A $10 refund for each protein product without proof of purchase (up to $50 per household).

Money remaining in the settlement fund will be distributed to class members, first going to class members who have provided proof of purchase in excess of $300 and then to the remaining class members on a pro rata basis.

In addition to the monetary relief provided, the company agreed to modify the testing, labeling, packaging, and advertising for its protein products to ensure that the nitrogen content attributed to amino acids, creatine, and other non-protein substances are not included in the protein calculation. (Eashoo et al v. Iovate Health Sciences U.S.A., Inc., Case No. 15-cv-1726, C. D. CA.)

For more information about other class-action lawsuits regarding protein-spiking and TINA.org’s coverage of the issue, click here.

For more information about other class-action lawsuits filed against Iovate Health and TINA.org’s coverage of the company, click here.