Misleading Protein Claims? Exploring Legal Options in Mass Gainer Deception Lawsuits

The fitness industry is booming, with more and more people turning to supplements like mass gainers to achieve their physique goals. However, the rise in popularity of these products has also led to a concerning trend: misleading protein claims. A recent study found that nearly 20% of mass gainers tested contained significantly less protein than advertised. This deception not only defrauds consumers but can also hinder their progress and potentially harm their health. If you’ve been misled by false advertising in mass gainers, you might have legal options.

The Problem with Misleading Protein Claims

Mass gainers are designed to provide a high dose of calories, protein, carbohydrates, and fats to help individuals gain weight and build muscle. Protein is a crucial component for muscle growth and repair, making it a primary selling point for these supplements. Unfortunately, some manufacturers engage in deceptive practices, such as:

Protein Spiking (Amino Spiking): Adding cheap, non-essential amino acids like L-Glycine or Taurine to inflate the total protein content on the label. While these amino acids do contain nitrogen (which is measured in protein tests), they don’t contribute to muscle protein synthesis like essential amino acids do.
Underdosing Protein: Simply putting less protein in the product than what is claimed on the label.
Misleading Labeling: Using ambiguous language or fine print to mislead consumers about the actual protein content per serving, such as stating the protein content is only achieved when mixed with milk.
False claims: Exaggerating the benefits of the product. (e.g. “Lose 20 pounds in 2 weeks without exercise”)

These deceptive practices can have several negative consequences:

Wasted Money: Consumers pay for a product that doesn’t deliver the promised protein content.
Hindered Muscle Growth: Insufficient protein intake can impede muscle growth and recovery.
Health Risks: Inaccurate labeling can be particularly dangerous for individuals with allergies or dietary restrictions. People with diabetes should also be careful as mass gainers can contain high amounts of sugar and carbohydrates.
Lack of Trust: Deceptive advertising erodes consumer trust in the supplement industry.

Identifying Deceptive Practices

It can be tricky to identify misleading protein claims, but here are some things to look out for:

Examine the Ingredient List: Look for added non-essential amino acids like glycine, taurine, or glutamine, especially if they are listed high up on the list.
Check the Protein Digestibility Corrected Amino Acid Score (PDCAAS): While not always listed, a lower PDCAAS suggests that the protein source may not be as bioavailable as claimed.
Be wary of Extremely Low Prices: If a mass gainer seems significantly cheaper than its competitors, it may be a sign of cost-cutting measures that compromise quality and accuracy.
Read Reviews: See what other consumers are saying about the product. Have they noticed any discrepancies between the label and the actual results?
Look for Third-Party Testing: Some companies voluntarily submit their products for third-party testing to verify the accuracy of their labels. Look for certifications from reputable organizations.

Legal Options for Consumers

If you believe you’ve been a victim of misleading protein claims in mass gainers, you may have several legal options:

File a Complaint with the Federal Trade Commission (FTC): The FTC is the primary federal agency responsible for enforcing truth-in-advertising laws. Filing a complaint can trigger an investigation and potentially lead to action against the company.
File a Lawsuit: Consumers can file lawsuits against businesses engaged in misleading practices. Claims can cover price, quality, or the purpose of a product, and failure to disclose important information can also fall under false advertising.
Join a Class Action Lawsuit: A class action lawsuit allows a number of people impacted by the same deceptive business practice to enforce their rights in one single lawsuit. This can be a more efficient and cost-effective way to seek compensation.
State Consumer Protection Laws: Many states have their own consumer protection laws that prohibit false advertising and deceptive business practices. In states like New York, consumers can file lawsuits against businesses engaged in misleading practices. If successful, consumers can recover actual damages or a statutory minimum of $500, whichever is greater. Courts may award additional damages if the defendant willfully violated the law, with potential damages up to three times the actual damages, up to $10,000. Consumers have up to three years from the date of injury to file their claim.

Legal Theories

Several legal theories can be used in mass gainer deception lawsuits:

False Advertising: This involves making false or misleading statements about the product’s protein content, ingredients, or benefits.
Breach of Warranty: This occurs when the product fails to meet the express or implied warranties of quality and performance.
Fraud: This involves intentional misrepresentation of facts to deceive consumers.
Unjust Enrichment: This occurs when the company unfairly profits from its deceptive practices at the expense of consumers.

The Lanham Act

The Lanham Act permits companies to sue rivals when they have suffered competitive injuries arising from false or misleading promotional statements. A plaintiff must show two things: the statement was a false representation of fact, and; it was commercial advertising or promotion, intended to induce a sale.

Recent Cases and Settlements

Several class action lawsuits have been filed against supplement companies for allegedly misleading protein claims. For example, MusclePharm was sued in 2015 for allegedly deceptive label claims in their Arnold Schwarzenegger Series Iron Mass weight gainer product. Similarly, CytoSport, the maker of Muscle Milk, reached a $12 million settlement in 2020 over allegations of false and misleading statements about the protein content of their products. In March 2025, Iovate Health Sciences USA Inc. convinced a federal judge to dismiss a proposed class action alleging it misrepresented the amount of protein its “100% Mass Gainer” product contained per serving. The product label depicted an asterisk directing consumers to a disclaimer stating the stated amount of protein provided was when the powder was mixed with milk.

These cases highlight the importance of holding companies accountable for their advertising practices and protecting consumers from deception.

Advice

Consult with a Consumer Law Attorney: A consumer class action attorney can help you weigh your rights and options and build the strongest possible case, along with guiding you through the legal process every step of the way.
Gather Evidence: Keep receipts, product labels, and any other documentation that supports your claim.
Document Your Experience: Write down details about how you were misled and the impact it had on your health and fitness goals.

Conclusion

Misleading protein claims in mass gainers are a serious issue that can harm consumers and undermine the integrity of the supplement industry. By understanding your rights and taking action against deceptive practices, you can help ensure that companies are held accountable and that consumers receive the products they are promised. If you believe you have been a victim of misleading advertising, don’t hesitate to seek legal advice and explore your options.