The civil action complaint, filed on April 22, states the wellness brand\u2019s Create Creatine Monohydrate Gummies did not contain 4.5 grams per serving of creatine as advertised on the product label. According to the lawsuit, an independent accredited laboratory concluded the gummies had only 4.01 grams of creatine per serving. <\/p>\n
The plaintiffs are asking for more than $5 million in damages. <\/p>\n
\u201cCreate is aware of the recently filed complaint and disputes its allegations,\u201d said Dan McCormick, co-founder and CEO at Create Wellness. \u201cOur Core Create gummies undergo creatine potency testing on every production order through Eurofins, a leading independent laboratory, and are NSF Certified for Sport. We have reviewed those testing results for the Core Create gummies that the plaintiff purchased, and those results confirmed that what the plaintiff bought had creatine content at or above the label claim, demonstrating that he got exactly what he paid for and was not harmed in any way. We will defend the case vigorously and stand fully behind our products.\u201d<\/p>\n
The plaintiffs\u2019 attorney did not reply to a request for comment by article publication time. The plaintiffs are represented by the Bursor and Fisher law firm.<\/p>\n
Rend Al-Mondhiry, partner at law firm Amin Wasserman Gurnani, who is unaffiliated with the lawsuit, said both parties will have the same challenge defending their testing methodology. <\/p>\n
\u201cEven if the same test method was used, which is not always the case, numerous other factors can impact the results,\u201d she noted. \u201cWe can expect heavy reliance on laboratory experts to evaluate the opposing parties\u2019 method while defending their own method as better and\/or more appropriate.\u201d<\/p>\n
The plaintiff will also have to prove how universal the alleged underdosing is, Al-Mondhiry added. <\/p>\n
\u201cIn particular, there can be significant hurdles to class certification if there is not a reliable assumption that all purchasers in a relevant time period received underdosed products \u2013 i.e., there is batch-to-batch variation with only some but not all allegedly falling below label claim,\u201d she said.<\/p>\n
As for the defendant, Al-Mondhiry explained there can be challenges for managing and protecting any required retain samples and balancing FDA GMP requirements to defend the suit.<\/p>\n
Third-party testing <\/p>\n
New York-based Create Wellness first introduced its creatine gummies in December 2022 and raised over $7 million in funding less than two years later to invest in product development, marketing efforts and to expand its team. By late 2025, the company entered Target nationwide with its core orange, blue raspberry and sour green apple-flavored creatine monohydrate gummies.<\/p>\n
Since inception, Create Wellness has sold over 250 million creatine gummies, or approximately 83 million servings. In March, the company announced<\/a> it had raised $20 million in growth capital, with plans to use the Series B funding to expand Create Wellness\u2019 retail distribution, consumer education and to advance product innovation. <\/p>\n \u201cWe work with our entire scientific advisory board on developing best-in-class products, understanding the latest and greatest in creatine research and even collaborating on a number of research projects together,\u201d McCormick said late last year<\/a>. <\/p>\n Two years ago NOW Foods evaluated 12 creatine brands, including Create Wellness, using high-performance liquid chromatography, and said the brand did not meet creatine label claims.<\/p>\n The lawsuit claims that NOW\u2019s evaluation is evidence of independent third-party testing demonstrating a history of false advertising by Create Wellness. <\/p>\n Crystal Webber, MS, RD, founder and chief innovation officer of Formulation Innovations Group, said at the time<\/a> that functional ingredients with high doses can be difficult to get into a gummy, noting that a significant red flag is a large dose claim for a tiny gummy.<\/p>\n One legal analyst told NutraIngredients off the record that the lawsuit is not totally surprising as gummies can be a challenging vehicle for consistency.<\/p>\n