A proposed class action lawsuit out of Florida alleges defendant JB7, LLC has inaccurately and misleadingly represented the percentage of the daily value of protein purportedly provided by its Physician’s Choice Collagen Peptides product.
Collagen is a protein in the human body responsible for binding together connective tissues, the 28-page case explains, and collagen supplements reportedly offer a variety of health benefits with regard to promoting healthy aging, skin, joints and bones. The suit notes that the sequence of amino acids in a particular protein determines the protein’s structure and function. “Complete proteins” are comprised of all nine essential amino acids, the case states, while “incomplete proteins” lack at least one of the essential amino acids.
Although JB7 claims its Physician’s Choice Collagen Peptides provide 12 percent of the daily value of protein in each serving and touts the product as “5X more effective” and “the ultimate sports and post workout recovery protein,” the lawsuit alleges the structural makeup of the supplement is such that it cannot provide a complete protein and therefore does not offer the daily value of protein represented by the defendant.
“JB7’s label claim violates federal and parallel state regulations regarding label claims for protein Daily Value, rendering the Product’s protein content claims false and misleading,” the suit reads.
The case says that JB7’s Physician’s Choice Collagen Peptides product is comprised of “Hydrolyzed Collagen I & III,” i.e. collagen from beef, and a digestive enzyme blend. According to the lawsuit, the collagen in JB7’s product, and not the digestive enzyme blend, is the source of the protein represented on the supplement’s label. This is important because all collagen, including that in JB7’s supplement, lacks one of the nine essential amino acids—tryptophan—and thus does not provide a complete protein, the suit states. An incomplete protein such as hydrolyzed collagen, in the scope of the Food and Drug Administration’s testing methodology for protein content and the reporting of daily value percentages, has a protein daily value percentage of zero, the lawsuit says.
If the federally mandated “supplement facts” panel on JB7’s product labeling reflected the FDA’s daily-value measurement criteria with regard to protein, the daily value provided by Physician’s Choice Collagen Peptides would be listed as zero or left blank, the case says. JB7, however, inaccurately reports the product’s daily value of protein at 12 percent, the complaint charges, arguing that consumers should be compensated in light of the apparent profits made by the defendant’s sale of Physician’s Choice Collagen Peptides. From the complaint:
“JB7’s misrepresentations have damaged Plaintiff and the Class and require restitution and injunctive relief to address past, present, and future harm. Damages not only would make JB7’s customers whole, but would ensure that misleading marketing claims do not reap JB7 unwarranted economic gain, which either disadvantages competitors who play by the rules or incentivizes them to break the law—as JB7 has—in order to compete.”
The lawsuit looks to cover both a national and Florida-only class of consumers who bought JB7’s Physician’s Choice Collagen Peptides product within four years prior to the September 9 filing of the case embedded below.