Corporate & Commercial Law News South Africa

NutriTech accused of false advertising

Ultimate Sports Nutrition (USN) has instructed its attorneys to lodge further official complaints with the Advertising Standards Authority against the advertising of NutriTech, based on analysis carried out by a third party global accredited laboratory.
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The complaints will be filed on the basis that, in its advertising, NutriTech intentionally misrepresents the quality and composition of its products, which is misleading to consumers. This follows independent testing and analysis across many of the locally available brands, which was commissioned by USN with a view to protect the reputation of the supplementing industry and the consumer perception of supplement product quality.

The tests, which were conducted by a leading third-party, global accredited laboratory show that certain of its products contain far less protein and far higher levels of fats and carbohydrates than claimed on product labels.

The complaints are lodged against three of the brand's powder-based proteins and snack replacement shakes/drinks, namely 'Diet Meal', 'Mass Builder' and 'Premium Pure Whey Lite'.

This is the second complaint to be levelled against NutriTech during this year, a clear concern for a brand that claims ISO 22000 compliance and manufactures its own product, which should leave no space for error. There are additional concerns with NutriTech, as it is claiming to be GMP (Good Manufacturing Practice), something that is not extended to supplement manufacturers in South Africa. It has yet to be seen if this is an attempt to mislead consumers.

CPA implications

"There are a number of key concerns with such illegitimate actions. Firstly, the consumer is negatively impacted as they believe that at the point of purchase, they are buying a product that conforms to the nutritional facts on the label," says Dormehl Gertenbach, National Sales Director at USN.

"Secondly, retailers are opening themselves to further Consumer Protection Act action, as they are selling products that do not conform to the labelled claims, and lastly the industry is negatively impacted by rogue brands accessing a market which has few if any barriers to entry, to produce and retail low quality products at premium prices."

"We were shocked to find the results of the independent testing on NutriTech products, especially with the drastic discrepancies presented. This is especially concerning as NutriTech had been previously exposed with similar accusations. Our intention is to ensure that the South African supplement industry is cleaned up, and that the manner in which products are being produced, marketed and sold to the public remains both ethical and safe. We urge consumers and retailers to check the validity of the brands they stock prior to purchase, as the consequences of consuming poorly regulated and poorly produced supplements can obviously be quite serious."

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