A consumer commission here has held a private firm guilty of deficiency in service for using "unknown" amino acids to raise the protein content of one of its health supplements, and noted that such products were a cause of concern and their adverse effects on health cannot be ruled out.

The District Consumer Disputes Redressal Commission (Mumbai Suburban), in its order passed on July 15, held that the complainant rightly submitted that consumption of such a product is far from healthy for body and mind.

It also directed the company - BigMuscles Nutrition - to pay Rs 36,409 towards the cost of product purchased by the complainant and expenses of lab testing.

"Studies show that consumption of such a spiked protein powder can lead to short-term side effects, such as headaches, acne, bloating, nausea and even diarrhoea. Apart from this, prolonged consumption of amino-spiked whey protein can lead to some long-term side effects, like heart issues and liver damage," the order stated.

Deaths have been reported all over India recently which are known to be caused due to consumption of low-quality health supplements/nutraceutical products, it added.

As a result, the Food Safety and Standards Authority of India (FSSAI) condemned the unfair trade practices of such food/health supplement manufacturing companies in India, the order said.

"Although there are no reports, evidence or documents submitted by the complainant in this regard, disparity in the contents of the product as brought on record through the lab testing of the said product is definitely a cause of concern and such adverse effects cannot be ruled out altogether," the commission said.

The attempt of spiking of the protein content with the aid of unknown amino acid is hence condemnable and cannot be accepted, it added.

Adding nitrogen-rich components to raise the level of measured protein is commonly referred to as "protein-spiking", "nitrogen-spiking" or "amino-spiking.

The complainant, a fitness enthusiast, had purchased whey protein of BigMuscles Nutrition from an e-commerce platform for Rs 1,599.

As per the complainant, the advertisement of the said product by the company claimed it as "100 % performance whey protein powder contains 24grm of high quality protein with no added sugar".

However, after coming across some criticism of the product about misleading claims made by the company, the complainant decided to conduct 'nutritional testing' and 'amino profile testing' on the said product.

The commission upon perusal of the lab report noted that the protein powder is found not only spiked with unknown amino acids to increase the protein content, but also high in sugar and carbs, which is in fact entirely contrary to what BigMuscles Nutrition originally envisaged on the product.

"Hence, we are of the concerned opinion that making false claims about the content of the product sold to the customer, which can adversely affect the health of the customer, is definitely a deficiency in service," the commission observed.

Despite the knowledge that protein-spiking is misleading to consumers, the company continues to advertise, distribute, label, manufacture, market, and sell the product in a misleading and deceptive manner, which amounts to unfair trade practice, it added.

The commission then directed the company to pay the complainant Rs 36,409 towards the cost of product purchased by the complainant and expenses of lab testing.

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