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Tuesday, October 15, 2019

MusclePharm sued over alleged use of ingredients not approved by FDA

By Robbie Hargett | Dec 30, 2015

SAN DIEGO (Legal Newsline) – A California man and an Illinois man are suing a sports nutrition and supplements company over claims its products' ingredients have not been approved by the Food and Drug Administration.

Mason Dabish and Bill Bohr, individually and for all others similarly situated, filed a class-action lawsuit Dec. 17 in the U.S. District Court for the Southern District of California against MusclePharm Corp., alleging breach of express warranty, negligent misrepresentation and violations of California state laws.

MusclePharm manufactures and sells various sports nutrition products and supplements, including Arnold Schwarzenegger Series Iron Pump Pre-Workout Powder, MusclePharm Arnold Schwarzenegger Series Iron Cre3 Creatine Powder, MusclePharm Creatine Supplement, MusclePharm Arnold Schwarzenegger Series Iron Dream Nighttime Support Powder and MusclePharm Assault Pre-Workout Powder.

MusclePharm allegedly markets these products as containing newly formulated ingredients that fuse an amino or organic acid with a nitrate to increase effectiveness, claiming these ingredients are safe and provide greater benefits over products that contain tradition compounds, according to the suit.

However, the suit claims these ingredients are "new dietary ingredients" and, as such, MusclePharm must provide the FDA with adequate evidence that the ingredients are not significantly or unreasonably harmful.

MusclePharm has not provided this information to the FDA, the suit claims. The plaintiffs further allege MusclePharm's supplements do not provide the benefits they advertise.

The plaintiffs and others in the class seek actual damages, restitution, disgorgement, punitive and statutory damages, interests, attorney fees, and costs of the suit, together to exceed $5 million.

They are represented by attorneys Jeffrey R. Krinsk, Mark L. Knutson, William R. Restis and Trenton R. Kashima of Finkelstein & Krinsk in San Diego; attorney Joseph J. Siprut of Siprut PC in Chicago; and attorney Nick Suciu III of Barbat Mansour & Suciu in Detroit.

U.S. District Court for the Southern District of California Case number 3:15-CV-02848-CAB-RBB

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Barbat Mansour & Suciu

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