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Class Action Lawsuit Filed Against Cellular and MP for Nitrate use...

bashar

bashar

Active member
"It turns out MusclePharm isn't the only supplement manufacturer to get hit with a federal class action lawsuit. According to a report on Medium, a Federal Class Action Lawsuit was recently filed against Cellucor (Woodbolt Distribution) for any and all supplements containing amino-bound nitrates."

What do you guys really think of this? The industry is full of products containing Nitrates, I couldn't find any solid research on this topic...
 
Hmm, the only thing i think of this is that nitrates are trans fats comminly associated with freeze drying food, its lresent in peanut butter ffs. Anyway there bad.

Thats the only thing i can comeup with, that there using freeze dried whey or bcaa or eaa. And not labelling it on the packaging as trans fats are compilsuary, even if measured in total volume is less than <0.01. So they must advertise its presence. Thats the only reason i can see that they would be getting sued for "amino bound nitrates" the **** is hqppening to ppl
 
Big_sxc said:
Hmm, the only thing i think of this is that nitrates are trans fats comminly associated with freeze drying food, its lresent in peanut butter ffs. Anyway there bad.

Thats the only thing i can comeup with, that there using freeze dried whey or bcaa or eaa. And not labelling it on the packaging as trans fats are compilsuary, even if measured in total volume is less than <0.01. So they must advertise its presence. Thats the only reason i can see that they would be getting sued for "amino bound nitrates" the **** is hqppening to ppl
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Well seeing as a nitrate is a nitrate and not a transfat I think your logic is flawed. Just quietly.
 
Here is some info, basically most of cellucore products and some of MP, Not that i am a fan of C4 or anything!


The lawsuit (Case No: ‘15CV2848 W-JMA) was filed on December 17, 2015 in the U.S. District Court for the Southern District of California and alleges that these amino nitrates do not confer the purported benefits ov. er the standard forms of amino acids over their standard counterpart aminos. Furthermore, the lawsuit alleges the nitrate variants are nost safe dietary ingredients per 413(d) of the Federal Food, Drug, and Cosmetic Act (the “FDCA”), codified at 21 U.S.C. 350b(d).

MusclePharm could have avoided the lawsuit entirely if it had abided by a warning letter sent to the company on July 27, 2015. However, the supplement manufacturer declined and the lawsuit was filed one week after a new study from the New England Journal of Medicine, issued a study detailing the case of a long term creatine nitrate user who was diagnosed with cancer and internal organ damage.

Supplements distributed by MusclePharm and listed in the lawsuit that contain creatine or other amino acid bonded nitrates include:
MusclePharm Arnold Schwarzenegger Series Iron Pump
MusclePharm Arnold Schwarzenegger Series Iron Cre3
MusclePharm Iron Dream
MusclePharm Creatine
MusclePharm Assault

The takeaway from the lawsuit is that it claims the nitrate-containing products have not been proven safe to the established standard, and that they do not work as effectively as claimed. According to the law, products of this nature entitle consumers to a full refund, which could lead to massive costs incurred by MusclePharm if they are found guilty as they would have to pay full retail costs to the individuals who have purchased the products.



The lawsuit (Case No: 16CV0032 BEN DHB) was filed on January 6, 2016 in the U.S. District Court for the Southern District of California and is nearly identical to the same class action lawsuit that was filed against MusclePharm in December 2015. The lawsuit contests the safety and efficacy of amino nitrates over the non-nitrate amino acid counterparts. The lawsuit further states that Woodbolt (Cellucor) demonstrate these ingredients, "do not present a significant or unreasonable risk of illness or injury before these ingredients can be lawfully sold in any dietary supplement" per 413(d) of the Federal Food, Drug, and Cosmetic Act (the “FDCA”), codified at 21 U.S.C. 350b(d).

Supplements distributed by Cellucor containing either Leucine Nitrate, Creatine Nitrate, or Arginine Nitrate stated in the lawsuit:
Alpha Amino Extreme
NO3 Chrome
CN3
C4
C4 Extreme
C4 Mass
C4 Neuro
C4 50x
 
I just started using Cellucor's Creatine Nitrate because it's tastes so darn good. That, and Creatine Nitrate looked promising. Whelp.
 
Wait this news is saying the "nitrates" are not safe...what a bunch of wasted time and $$$....





"Thermolife" holds the patent on "nitrates"
They will go after any and all who infringe
A long time ago VPX had to pull their amino nitrate product which was my fav....
 
I read about this last year and not sure why this is so surprising. The real question that needs to be asked and its the answer they will never tell you in a face to face. The answer could be easily implied because of past litigations with the supplement industry. Nothing happens! A cease order followed by a slap on the wrist and an apology to the consumer to follow. We regret and feel terrible. you are out main focus, you our loyal customer. Bla bla bla bla.

"MusclePharm could have avoided the lawsuit entirely if it had abided by a warning letter sent to the company on July 27, 2015."

Not just MP, but the industry itself doesn't care- its a multi BILLION dollar industry. MP is such a diverse organization, not limiting themselves to protein and vitamins. Most supplement companies that are gaining a market share are using the system to their advantage. An example,acquiring a subsidiary; it can be a LLC- lucky lucky! Another advantage of subsidiary, the risks involved are well, worth it because two companies are separate legal entities.

Is MP going to be out of business because of this? No

Forget about the ingredients and how this was sold, if you want fun, watch how the shift of blame or product overseeing gets pushed from side to side.

PS during this time that the letter was sent, MP was in the process of selling, well of Bio Zone. Of course none of this means anything or proves any wrong doing on MP behalf.

This is a lawyers wet dream come true
 
Let's see if the companies fight it or fall victim to industry bullying
 
more like stupidity
 
bashar said:
"It turns out MusclePharm isn't the only supplement manufacturer to get hit with a federal class action lawsuit. According to a report on Medium, a Federal Class Action Lawsuit was recently filed against Cellucor (Woodbolt Distribution) for any and all supplements containing amino-bound nitrates."

What do you guys really think of this? The industry is full of products containing Nitrates, I couldn't find any solid research on this topic...
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Lol it's the fact it's a amino bound nitrate ... I'm sure I know the company who filed the lawsuit
 
Joedoubledose said:
Lol it's the fact it's a amino bound nitrate ... I'm sure I know the company who filed the lawsuit
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lol- I drifted far away from that one- lol
 
Joedoubledose said:
Lol it's the fact it's a amino bound nitrate ... I'm sure I know the company who filed the lawsuit
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its not RK as they're claiming it is unhealthy/unsafe/illegal to be using amino bound nitrates.



It will be interesting to see how this moves forward.
 
Joedoubledose said:
We know what is says on paper but we both know it's about patent holders
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I'm confused why you would think this is a good thing for the current "patent holder"(which is being actively fought). This makes the "patent holder" look terrible.

The 2 men spearheading the lawsuit are the same two who had the most success with the amino spiking civil suits
 
Joedoubledose said:
Never said it was a good thing lol
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I am still confused then.


Who do you think is benefiting from this lawsuit beyond the 2 men who are spearheading it(who don't work for a dietary supplement company)?


I'm always down for more insight, I am just not seeing what you're getting at (yet anyway!)
 
VaughnTrue said:
its not RK as they're claiming it is unhealthy/unsafe/illegal to be using amino bound nitrates.



It will be interesting to see how this moves forward.
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Finally, an intelligent comment. The patent holders would be jeopardizing their own business to file a suit claiming it is dangerous. They license this to other companies and would essentially kill the value of their patent and destroy a revenue stream.

The idea that it's thermolife is absolutely absurd from a legal procedure and financial standpoint. There's just a lot of firms that swing for the fences with these type of lawsuits IOT get rich, typically because they can't attract legitimate business or real clients. They're like super ambulance chasers.
 
VaughnTrue said:
I am still confused then.


Who do you think is benefiting from this lawsuit beyond the 2 men who are spearheading it(who don't work for a dietary supplement company)?


QUOTE]

not arguing against you VT, but

in the end, who really benefits since ethics and morality are ignored? Answer, the one who has the most money
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I'm not in the know on this, as I've never looked into them - but this is the only interesting thing to me - what makes amino bound nitrates unsafe? Please satisfy the amateur chemist in me. Love learning this stuff.
 
HIT4ME said:
I'm not in the know on this, as I've never looked into them - but this is the only interesting thing to me - what makes amino bound nitrates unsafe? Please satisfy the amateur chemist in me. Love learning this stuff.
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the lawsuit itself isn't directly about "amino bound nitrates are bad for you because of x, y, and z" it claims that a NDI(new dietary ingredient) submission was made for Creatine Nitrate, and rejected by the FDA(thereby making it not allowed to be sold as a dietary supplement). That said, the companies selling this ingredient disagree with the ruling(I would assume anyway) because Creatine Nitrate is a salt of Creatine, and should therefor be DSHEA compliant.
 
VaughnTrue said:
the lawsuit itself isn't directly about "amino bound nitrates are bad for you because of x, y, and z" it claims that a NDI(new dietary ingredient) submission was made for Creatine Nitrate, and rejected by the FDA(thereby making it not allowed to be sold as a dietary supplement). That said, the companies selling this ingredient disagree with the ruling(I would assume anyway) because Creatine Nitrate is a salt of Creatine, and should therefor be DSHEA compliant.
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everytime I try to leave this thread, you keep sucking me back in -

lol

all jokes aside, as mentioned above, good thread for a good back and forth-
 
smith_69 said:
everytime I try to leave this thread, you keep sucking me back in -

lol

all jokes aside, as mentioned above, good thread for a good back and forth-
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haha sorry man...I personally find this case VERY intriguing and am curious to see how it progresses.
 
Yeah, I'm not so interested in the case, although it is interesting. Interested in why people are saying amino bound nitrates aren't safe and the chemistry behind it....
 
HIT4ME said:
Yeah, I'm not so interested in the case, although it is interesting. Interested in why people are saying amino bound nitrates aren't safe and the chemistry behind it....
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because the FDA is claiming not enough evidence proving the safety of the compound was provided, despite the onus of proving a compound to not be safe resting upon the shoulders of the FDA as per DSHEA.

if you do a quick google search, all of this info pops up very quickly
 
Seems like Anthony Roberts and Alex/Protein factory have been long time naysayers of nitrates and not being safe, iirc... not that this has anything to do with them, that I'm aware...
 
There must be some health risks associated with nitrate-aminos, I know for a fact that C4 canadian version does Not have creatine nitrate in it...
 
bashar said:
There must be some health risks associated with nitrate-aminos, I know for a fact that C4 canadian version does Not have creatine nitrate in it...
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While I can't say conclusively say they do present a risk or do not(as the evidence is not clear enough currently), the reason it's not in the canadian version is because of Health Canada and what they do and do not allow. For example, DMAE(which is sold everything in the USA) is banned in Canada, despite no evidence of it being harmful.

Same with Health Canada ruling that you can't have over 1,000iu of Vitamin D per serving in a supplement...which is ludicrous.
 
After the bogus "Red Meat Gives You Cancer" PR push recently, not surprised some ambulance chasers are going for it. I bet there's a Nitrosamine angle.

Maybe Beets are next? :) I kid, Beets are also loaded with Antioxidants, the co-ingestion of, lessens Nitrosamine formation.

No idea on supplements and Nitrosamine, but I'd throw a butt load of Vitamin C in with them if I sold them.
 
Interesting....

I'll be following this one to see how things turn out.
 
The_Old_Guy said:
After the bogus "Red Meat Gives You Cancer" PR push recently, not surprised some ambulance chasers are going for it. I bet there's a Nitrosamine angle.

Maybe Beets are next? :) I kid, Beets are also loaded with Antioxidants, the co-ingestion of, lessens Nitrosamine formation.

No idea on supplements and Nitrosamine, but I'd throw a butt load of Vitamin C in with them if I sold them.
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good evening OG- was waiting for your reply to this-
 
VaughnTrue said:
While I can't say conclusively say they do present a risk or do not(as the evidence is not clear enough currently), the reason it's not in the canadian version is because of Health Canada and what they do and do not allow. For example, DMAE(which is sold everything in the USA) is banned in Canada, despite no evidence of it being harmful.

Same with Health Canada ruling that you can't have over 1,000iu of Vitamin D per serving in a supplement...which is ludicrous.
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correct, but the aspirin you can get in Canada is stronger than in the US and is amazing- not that i have ever taken that sort of thing- i just happen to know people who know people and such- ps ketchup chips
 
bashar said:
I threw the cellucore nitrate away, got PES creatine, I trust them more
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why PES? They sell HV and it's nitrate containing product. Do you substantiate anything you say on facts or do you just form an opinion and then suppose it to be fact?
 
In for info.
 
PES HV does not contain nitrates, I started using there creatine which is great. To be honest I trust anything that PES does more than cellucore or MP
 
bashar said:
PES HV does not contain nitrates, I started using there creatine which is great. To be honest I trust anything that PES does more than cellucore or MP
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Sure does! You still want to keep doing this?
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It seems that no one has a clue at the moment! Including the FDA and the companies they are suing! í*½í¸‚í*½í¸‚
 
 
bashar said:
It seems that no one has a clue at the moment! Including the FDA and the companies they are suing! í*½í¸‚í*½í¸‚
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the FDA is not suing these companies. The FDA is not currently suing anyone for anything even similar to Nitrates.
 
VaughnTrue said:
the FDA is not suing these companies. The FDA is not currently suing anyone for anything even similar to Nitrates.
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they wont,

apparently the FDA is involved in the case of asparagus peptides. farmers are burning down crops into peptide form for injection.

jk- don't inject asparagus peptides or asparagus -
 
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