The Ancient Nutrition lawsuit picture, as of the most recent filings on record, includes two active consumer class actions in New York federal court, a competitor false-advertising suit from Vital Proteins in Illinois federal court, and a resolved California Proposition 65 enforcement action over heavy metals that cost the Franklin, Tennessee supplement maker $425,000. Co-founder Jordan Rubin also has a prior FTC settlement from 2006 tied to a different company.
Brain Boost Class Action in New York
In March 2023, New York consumer Marietta Viera filed a proposed class action against Ancient Brands, LLC in the U.S. District Court for the Eastern District of New York over the company’s Multi-Collagen Protein, Brain Boost supplement. The complaint alleges the product is marketed as “clinically studied” and “backed by peer-reviewed studies” even though it has never been tested in a clinical setting.1Top Class Actions. Ancient Nutrition Class Action Claims Company Falsely Advertises Brain Health Supplements
Viera says the product’s active ingredients, including Ginkgo Biloba, Bacopa Brahmi, Lion’s Mane, and Ashwagandha, are not scientifically proven to improve cognitive function at the concentrations used, and that ingredient concentrations and daily values are not disclosed on the label. She also points to the company’s FAQ page, which she alleges falsely claims clinical studies show results in as little as 24 hours. The complaint describes Brain Boost as an “unremarkable vanilla flavored protein powder” sold at a premium.2Truth in Advertising. Viera v. Ancient Brands, Complaint
The suit is brought under New York General Business Law Sections 349 and 350, and Viera seeks to represent all New York purchasers within the limitations period. She is asking for actual, statutory, and treble damages plus fees and costs.2Truth in Advertising. Viera v. Ancient Brands, Complaint The available record does not show a class certification ruling, settlement, or final disposition.1Top Class Actions. Ancient Nutrition Class Action Claims Company Falsely Advertises Brain Health Supplements
Bone Broth Protein Labeling Case
An older case is still moving. In April 2021, Diedre Bush and Raquel Diaz sued Ancient Brands in the Northern District of New York, alleging that the “20g Protein” claim on Bone Broth Protein powder was misleading because the protein comes primarily from collagen, which carries a digestibility score of zero under the Protein Digestibility Corrected Amino Acid Score method. The plaintiffs called the protein “largely indigestible” and said it offered consumers “little to no actual benefit.”3ClassAction.org. Class Action Alleges Ancient Nutrition Bone Broth Protein Powder Labels Mislead Consumers4ClassAction.org. Bush et al. v. Ancient Brands LLC, Complaint
On September 15, 2023, Judge Lawrence Kahn dismissed the case on federal preemption grounds. Requiring Ancient Nutrition to use the PDCAAS calculation on its front label went “beyond what is required under federal law,” the court held, and the plaintiffs’ separate argument about the missing percentage of daily value on the back label was found to be impliedly preempted because it amounted to private enforcement of federal labeling regulations.5Bloomberg Law. Ancient Brands Exits False-Ad Suit Over Bone Broth Protein6HarrisMartin. Food Labeling Claims in NY Federal Class Action Preempted, Judge Rules The plaintiffs were granted leave to refile.
They did. A second amended complaint filed November 14, 2023 dropped the front-label claims and reframed the remaining arguments under New York and California consumer protection law. Ancient Nutrition again moved for judgment on the pleadings, and on May 29, 2024 the court denied that motion, finding that the revised complaint fit through the “narrow gap” needed to avoid implied preemption.7GovInfo. Dunn et al. v. Ancient Brands LLC, Order on Motion for Judgment on the Pleadings The case appears to remain active after that ruling.
Vital Proteins Competitor Suit
The competitor litigation began in April 2022, when Vital Proteins LLC sued Ancient Brands in the U.S. District Court for the Northern District of Illinois under the Lanham Act. Vital Proteins challenged three things: claims that Ancient’s collagen products deliver benefits, including joint discomfort relief, in as little as “one day” or “three days”; the broader scope of health benefits Ancient’s marketing implies; and the labeling on Vegetarian Collagen Peptides, which prominently shows “10g” in a way Vital says consumers could read as 10 grams of collagen when the serving is actually a mix of collagen and acacia gum.8GovInfo. Vital Proteins LLC v. Ancient Brands LLC, Memorandum Opinion and Order
In January 2023, Judge John J. Tharp Jr. denied Ancient Nutrition’s motion to dismiss. Vital Proteins had standing, the court found, under an “implied superiority” theory: consumers might pick Ancient over Vital based on false claims of faster results, costing Vital sales. The court also found that a third-party study Ancient relied on did not conclusively support its one-day efficacy claim because the relevant results were not statistically significant.8GovInfo. Vital Proteins LLC v. Ancient Brands LLC, Memorandum Opinion and Order Discovery on Vital’s claims was underway by September 2023.9CaseMine. Vital Proteins LLC v. Ancient Brands LLC, Order on Motion to Stay No final resolution, settlement, or verdict appears in the available record.
California Proposition 65 Heavy Metals Settlement
The one Ancient Nutrition matter that has fully resolved is a California Proposition 65 enforcement action over lead and cadmium contamination. In January 2019, the Environmental Research Center served a notice of violation alleging that 22 Ancient Nutrition products, including bone broth proteins, Keto-line supplements, and multi-collagen proteins, contained lead or cadmium at levels exceeding Prop 65 thresholds.10California Office of the Attorney General. Proposition 65 Notice of Violation, Ancient Nutrition A related action had been filed by Safe Products for Californians, LLC in November 2018. The two were consolidated.
On May 27, 2020, the Superior Court of California, County of Santa Clara entered a Stipulated Consent Judgment. Ancient Nutrition denied the allegations but agreed to pay $425,000, allocated as follows:11California Office of the Attorney General. Stipulated Consent Judgment, Proposition 65 Settlement
- Civil penalties of $166,000, with 75% going to California’s Safe Drinking Water and Toxic Enforcement Fund and 25% split between the two plaintiffs.
- An additional settlement payment of $124,031 for enforcement activities and programs aimed at reducing hazardous chemicals in dietary supplements.
- Attorney fees and costs of roughly $134,935 across three law firms.
The judgment also permanently bars Ancient Nutrition from selling covered products in California that exceed 0.5 micrograms of lead per day or 4.1 micrograms of cadmium per day without a compliant Prop 65 warning. The company must arrange annual ICP-MS testing of affected products by an independent, certified laboratory for at least five consecutive years, and if any product is reformulated or its ingredient supplier changes, the testing cycle resets for another four years.12California Office of the Attorney General. Stipulated Consent Judgment, Proposition 65 The available documents do not show whether Ancient Nutrition has reported completion of the five-year testing obligation.
Co-Founder’s Earlier FTC Settlement
This isn’t co-founder Jordan Rubin’s first encounter with supplement-marketing enforcement. In 2006, Rubin and his prior company, Garden of Life, settled FTC charges that they made deceptive, unsubstantiated claims for four products. The FTC alleged Garden of Life marketed its Primal Defense supplement as a treatment for immune disorders, Crohn’s disease, and irritable bowel syndrome, and marketed RM-10 as a cancer treatment, without adequate scientific support.13Sun-Sentinel. WPB Firm Settles Case With FTC
Rubin and Garden of Life paid $225,000 in consumer redress and were permanently barred from making health claims about dietary supplements without “competent and reliable scientific evidence.” An unusual enforcement provision followed: if either defendant had misrepresented their finances during settlement talks, they would owe $47.6 million, the total gross sales of the four challenged products.14FTC. FTC v. Garden of Life Inc. and Jordan S. Rubin, Final Order and Judgment Rubin sold Garden of Life in 2009 and co-founded Ancient Nutrition with Dr. Josh Axe in 2016.15Regen Brands. Jordan Rubin, Ancient Nutrition