The Packaging of Various GNC Protein Whey Protein Products

March 2017: Both cases were dismissed pursuant to a joint motion to dismiss filed by the parties. The claims were dismissed with prejudice as to the named plaintiffs and without prejudice as to the class members.

January 2017: The parties notified the Court that they reached a confidential settlement agreement, along with the parties in a related case, Polanco v. GNC.

October 2015: A class-action lawsuit was filed against GNC for allegedly deceptively packaging its Whey Protein products, including AMP Amplified Gold Whey Protein, AMP Amplified Wheybolic Extreme, and 100% Whey Protein products. According to the complaint, the containers for these products are opaque and contain approximately 40% empty space. (Gioia et al v. GNC Holdings, Inc., Case No. 15-cv-2273, S.D. Cal.)

For more information about other class-action lawsuits regarding slack-filled packaging and’s coverage of the topic, click here.


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When a complaint is dismissed with prejudice, it cannot be refiled.

When a complaint is dismissed without prejudice, an amended version of the complaint can be refiled.

You know when you buy a big bag of chips, and you’re all psyched for a feast, and then it turns out there are like, three chips in the bag? That bag is slack filled.

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