Sommers Schwartz attorneys Jason Thompson and Rod Johnston filed a class action lawsuit on behalf of a group of multi-state plaintiffs alleging that The UCAN Company fraudulently misrepresents the performance benefits of Generation UCAN SuperStarch Drink Mix, Generation UCAN Protein Drink Mix, and UCAN Snack Bars.
According to the complaint, the UCAN Company advertises, markets, sells, and distributes its products by claiming they are powered by a revolutionary, all-natural carbohydrate called “SuperStarch,” which produces “sustained energy,” “optimized performance,” “enhanced fat burn” and “speedier recovery.” Further, the defendant claims that the SuperStarch does not produce the harmful and performance-impairing side effects associated with gastrointestinal distress.
Laboratory tests and peer-reviewed research, however, indicate that ingesting the UCAN products at recommended rates before and during exercise does not enhance performance and, in fact, impairs performance due to increases in gastrointestinal distress caused by the UCAN products. The plaintiffs allege that the defendant product claims are false, misleading, and deceptive, and violate federal and state consumer protection laws. The suit, pending in the U.S. District Court for the Northern District of Illinois, seeks damages for the defendant’s misrepresentations and the premium the plaintiffs paid for UCAN products over comparable sports and fitness nutrition products.