The Genepro protein lawsuit was a 2016 false advertising case brought by a competitor, Syntrax Nutrition’s parent company SI03, Inc., accusing MuscleGen Research of lying about how much protein was in a scoop of GenePro powder. The suit dragged on for years, was overtaken by the criminal conviction of MuscleGen’s founder and the company’s bankruptcy in 2021, and the GenePro brand later resurfaced under a new entity that faced a Class I FDA recall in late 2025.
What the Lawsuit Alleged
SI03, Inc. filed the case in November 2016 in the U.S. District Court for the Eastern District of Missouri (No. 1:16-CV-274), bringing claims under the federal Lanham Act and Missouri common law unfair competition.1Law360. Protein Powder Maker Accuses Rival Of False Advertising
The core allegation was straightforward. GenePro’s packaging said a single 11.5-gram scoop delivered 30 grams of protein. Syntrax argued that was physically impossible and that the claim pulled customers away from honest competitors by making GenePro look like a better deal than it was. The complaint also targeted GenePro’s “medical grade” protein language.2GovInfo. SI03, Inc. v. Musclegen Research, Inc., No. 1:16-CV-274 RLW – Memorandum and Order
How the Case Moved Through Court
MuscleGen tried to shed the “medical grade” claim by arguing it had stopped using the phrase and the issue was moot. In May 2020 the court disagreed, finding that MuscleGen could still be on the hook for past damages tied to the earlier label.2GovInfo. SI03, Inc. v. Musclegen Research, Inc., No. 1:16-CV-274 RLW – Memorandum and Order
Discovery was contested. In November 2020 the court granted Syntrax’s motion to compel, calling MuscleGen’s objections “improper and meritless,” and ordered production of clinical trial data, sales and profit records, and marketing expenses.2GovInfo. SI03, Inc. v. Musclegen Research, Inc., No. 1:16-CV-274 RLW – Memorandum and Order
In February 2021, with MuscleGen’s founder freshly convicted in a separate federal case, Syntrax asked for a temporary restraining order that would stop GenePro sales and freeze the company’s assets. The court denied the request, describing the evidence as “fairly slim” and “based in part on speculation,” and finding no showing of irreparable harm. The judge did allow MuscleGen to amend its answer to admit many of Syntrax’s allegations after the criminal conviction.3Rebecca Tushnet’s 43(B)log. Even Admissions and Severe Financial Distress Don’t Justify TRO Asset Freeze in False Advertising Case
The Founder’s Federal Conviction
MuscleGen’s founder, Brian Parks of Apex, North Carolina, was prosecuted in a separate federal matter tied to a different company he owned, MedFixRX, Inc. (later MedFit Sarmacuticals Inc.). In November 2020 he pleaded guilty to one count of distributing unapproved new drugs with intent to mislead and defraud the FDA and consumers. On February 17, 2021, he was sentenced to 12 months and one day in federal prison and ordered to forfeit $250,000.4U.S. Department of Justice. Owner of North Carolina Sport Supplement Co. Sentenced to Prison Time
The criminal case did not name GenePro, but Syntrax pointed to the conviction when it asked the civil court for emergency relief.
Bankruptcy
Weeks after Parks was sentenced, the company filed for bankruptcy liquidation in March 2021.5Triangle Business Journal. Apex Fitness Business Bankruptcy Syntrax’s false advertising claims were still technically alive when the TRO was denied, but the bankruptcy gutted any realistic path to a meaningful recovery.
The 2025 FDA Recall
The GenePro brand kept going under a separate entity, Genepro Protein, Inc., based in Cary, North Carolina. On December 11, 2025, the FDA classified a recall of GenePro Whey 4th Generation Plasma Treated Protein (unflavored) as Class I, the agency’s most serious category, used when a product could cause serious health consequences or death.6Health.com. Protein Powder Recall
The problem was the label. It said “lactose free,” “dairy free,” and “allergen free,” but the product contained milk, an undeclared allergen that poses a severe risk to people with milk allergies.7ConsumerLab. Genepro Whey 4th Generation Protein Recalled Due to Allergen Risk The recall covered 250 bags distributed across 37 states.8The Healthy. Protein Powder Recall The underlying complaint was familiar: a GenePro label claiming something about the contents that did not match what was in the bag.