Sheer Strength Labs faces a proposed class action that alleges the company has falsely and misleadingly promoted its pre-workout powder as fit for human consumption even though the product contains ingredients considered dangerous by the FDA.
According to the 18-page lawsuit, Sheer Strength Labs’ “Pre-Workout Enhancer Powder Cotton Candy” contains hordenine and N-methyltyramine, ingredients that may not be lawfully included in a dietary supplement. The case claims the defendant has misled consumers into believing the pre-workout powder is a dietary supplement approved for human consumption despite containing unapproved ingredients.
“Consequently, Defendant does not comply with federal and parallel state regulations,” the complaint claims. “Defendant misleads consumers into believing its Product [sic] are ‘Supplements’ approved for human consumption, when that is not true. These misrepresentations allow Defendant to increase its sales and capture market shares from its competitors.”
The plaintiff, an Oceanside, California resident, claims to have bought the defendant’s pre-workout powder in September 2016 under the belief that the product was safe to ingest every day. Sheer Strength Labs knew or should have known that the product’s label and advertising were misleading with regard to the prohibited ingredients, the case says. Consumers, as a result of the defendant’s apparent conduct, have bought and overpaid for a purported supplement they may not have acquired absent the company’s representations, the suit alleges.
“If Plaintiff had been aware that the Product contained unapproved ingredients, Plaintiff would have purchased a different product,” the complaint claims. “In other words, Plaintiff would not have purchased Defendant’s Product but for the representations on the product’s label.”
The lawsuit looks to represent all consumers in the United States who bought a Sheer Strength Labs product, irrespective of brand name, that contains hordenine and N-methyltyramine, or any variation of these ingredients, within the last four years.