I A Nutrition, Inc. is incorporated in the State of Connecticut, with a principal place of business address at 83 White Oak Drive, Berlin, Connecticut 06037 makes Inner Armour brand which has two products that have been fingered for amino acid / nitrogen spiking in a class action suit: “Mass Peak Whey Hydrolysate Enhanced” and “Nitro Peak Whey Hydrolysate Enhanced”
However, Defendant’s claimed total protein count of 50 grams of protein perserving, in the product, is not exclusively derived from whey proteins but also includes, for the purposes of “protein-spiking”: several free form amino acids, including Alanine, Trytophan, L Glycine, and Taurine.
Once these “protein spiking” agents are removed from the formula of analysis, and the “bound” amino acid count is determined, the true content of whey protein in the product can be determined.
After scientific testing of the Product, the actual total content per serving of whey protein is approximately 18.986 grams (as calculated from the total bonded amino acids) as opposed to 50 grams of protein claimed by Defendant for their “Whey Protein” product.Although the back labels of both products mention some free form amino acids, by name, such as Glycine and Taurine, Defendant does not explain that these ingredients make up a large portion of the claimed protein content. Rather, by calling the product “whey protein” and representing the protein content without revealing the spiking, Defendant purposefully misleads the consumer into thinking that the entire claimed protein content is whey protein.