Brittany Allan, co-founder of Push Gummies, said the business was planning to relaunch in the coming weeks.
In July, Sydney-based personal trainer James Smith called out the company‘s testing and the level of creatine within its products, claiming the business was misleading its customers.
The business subsequently paused all sales and opened an investigation into its manufacturing.
At the time, Allan said the company halted sales as soon as the allegations came to light.
“We’ve also initiated fresh, independent testing of product samples directly from batches in New Zealand with third-party independent laboratory Eurofins,” Allan said.
Allan has since shared the results of the investigation with the Herald, confirming that a small number of recent batches contained less creatine than stated on the label.
“On the advice of legal counsel, Push Gummies implemented a refund and credit programme for affected customers. So far, we’ve refunded or credited over 5000 bags, and have received overwhelmingly positive support from customers, retailers, and athletes for how this has been handled.
“To be clear, this issue was limited to a small number of recent batches that tested as underdosed.”
Push Gummies’ website still lists all of its products as “Sold out”, but a message on the website now reads “New Product Launching Soon!”
Commission responds
The commission confirmed it had received 34 complaints from consumers about the brand after the controversy.
Commerce Commission general manager for competition, fair trading and credit Vanessa Horne said it was “aware of concerns regarding Push Gummies, particularly in relation to allegations of misleading labelling and advertising”.
“We are currently in the assessment phase of our investigation and reviewing a number of recent concerns and related information,” Horne said.
“The commission weighs up a number of factors to determine the appropriate action during an investigation. Depending on our findings, several outcomes are possible, as set out in our enforcement response guidelines.”
A spokeswoman from the commission confirmed it had been in contact with Allan and would continue to be as part of its investigation.
Manufacturing changes
Before the commission’s announcement, Allan said she was preparing to relaunch the business in the next few weeks.
“We’re incredibly grateful for the continued support from our community and are focused on coming back stronger – with high-quality creatine gummies returning soon,” Allan said.
She said production had now resumed with a new manufacturing partner in the United States.
“Every future batch will be independently tested by Eurofins US, with additional safeguards in place to ensure full integrity and accuracy.”
However, the Australian Broadcasting Corporation (ABC) reported in August that Push’s production was under way “with a new Australian-based manufacturer” to “strengthen quality control and prevent issues like this from happening again”.
Allan said the business had been working with an Australian-based manufacturer, but then opted to go with a US manufacturer instead.
That article also stated that Push was suing its former Chinese manufacturer, accusing it of altering the product formula without its knowledge.
Allan confirmed this was still being pursued.
Tom Raynel is a multimedia business journalist for the Herald, covering small business, retail and tourism.
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