The lawsuit filed by Los Angeles resident Bernardo DeLeon, claims that the products, which are sold under the brand names Core Formulations / CF, Core 8, IsoCore, APEX, Biohealth Precisions ISO, and Rogue Nutrition --Rogue Whey, are spiked, something referred to in the industry as “protein spiking.” The suit alleges that the products do not contain the amounts of protein advertised.
The Core 8 range of a dietary supplements is designed to enhance athletic performance, improve strength and other purported health benefits to be gained by the consumption of the products. Core 8 products are sold online and in health and nutrition stores throughout California.
According to the suit, the practice of “protein spiking,” involves other additives such as amino acids, being added to the products, which falsely register as proteins. DeLeon asserts that this practice has become common during recent years in the highly competitive health and nutrition market space.
The complaint states that due to highly competitive nature of the market, certain manufacturers, such as makers of Core 8, are attempting to increase profit margins by using deceptive practices such as protein spiking or simply mislabeling of their products. DeLeon claims that protein test results authorized by his attorneys show that protein levels actually contained in the Core 8 products are much lower than the product’s respective label claims.
According to the suit, the Biohealth Precision Blend 2lb Milk Chocolate product is advertised as containing 31 grams of protein per serving . However according to the test results it has only 24.5 grams of protein per serving.
DeLeon alleges he would not have paid a premium price for the products had he known the truth about the protein content. He seeks to represent a class of potentially thousands of other similarly situated California consumers who bought Core 8 products.
The suit charges violations of California’s False Advertising Law, Consumers Legal Remedies Act as well as for unlawful, fraudulent, and unfair business practices, among other claims. The case is Bernardo DeLeon et al. v. Michael Santana, an individual and doing business as Core Formulation et al., Case No. BC611621 in the Superior Court for the State of California, for the County of Los Angeles.