Shaun Zinck May 29, 2015, 1:49pm


The maker of a whey protein product is being sued over allegations that its label was misleading to consumers.

Todd Smith filed the lawsuit on May 14 in U.S. District Court in California against Allmax Nutrition Insoflex claiming the company advertised that its products had NOS Complex and Glutamine Complex.

The two are free-form amino acids, however, after the products were tested neither amino acid was detected, the lawsuit said.

The lawsuit also stated the packaging claimed the Glutamine ingredient aids in recovery after workouts, however, one study showed the amino acid didn't affect muscle protein kinetics.

“(Allmax's) labeling, marketing, and advertising of the products causes real harm to consumers who are looking for added features to their whey protein product,” the lawsuit said, adding the company charges a premium for the products due to advertising the additional ingredients.

Smith is seeking class action status for those who purchased the products, and is also seeking more than $5 million in damages plus court costs.

Smith is represented by Tina Wolfson and Paul Kerkorian of Ahdoot & Wolfson, PC in West Hollywood, Joseph J. Siprut of Siprut PC in Chicago, and Nick Suciu of Barbat, Mansour & Suciu PLLC in Detroit.

U.S. District Court Eastern District of California case number 1:15-cv-00744.

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