Customers of EPG expressing distress in the David Protein, Epogee lawsuits
In a significant turn of events, a trio of food companies - OWN Your Hunger, Lighten Up Foods, and Defiant Foods - have filed an antitrust lawsuit against protein bar manufacturer David Protein, alleging that the acquisition of Epogee was intended to exclude competitors and create an artificial monopoly in the global market for Epogee's ultra-low-calorie fat alternative, EPG.
The lawsuit, initially filed on June 2, 2025, in the Southern District of New York (Case: 1:25-cv-04544), was prompted by David Protein's acquisition of Epogee. The plaintiffs contend that this move was designed to control the market for EPG, an essential ingredient in their products.
Since the initial filing, the plaintiffs have amended their complaints to clarify that the relevant market in question is not the broader food market but specifically the "global market for EPG supply." This clarification was made in response to concerns raised by the judge.
However, a federal court has denied the plaintiffs' request for a temporary restraining order, indicating that the case is proceeding without immediate intervention to halt David Protein's actions.
David Protein argues that it is under no obligation to supply EPG to the plaintiffs, who are not direct competitors and did not have long-term supply contracts. The plaintiffs, on the other hand, claim that EPG cannot be easily replaced in their products, which are built around it.
Several firms, including Snack Owl, Moon Magic, EkkoBar, and Bricks Protein, have shared their experiences of losing access to EPG and the alleged harm they have suffered. For instance, Noah Bernett at Snack Owl discontinued low-calorie kettle chips formulated around EPG and disposed of $70,000 worth of stranded materials.
Ruz Safai, founder and CEO at OWN Your Hunger, stated that David's argument that firms only had themselves to blame for failing to secure long-term supply agreements with Epogee was inaccurate. According to the plaintiffs, David did not offer long-term supply agreements or invitations to negotiate volume commitments, despite their personal relationship with employees, ongoing business, and substantial investment in EPG-based products.
In a second amended complaint, ten terminated EPG customers submitted declarations stating they tested alternative ingredients but could not find functional substitutes for EPG. This further strengthens the plaintiffs' argument that David is attempting to monopolize the "global market for EPG supply."
As the case continues, David Protein has raised $75m in Series A funding following the acquisition of Epogee, according to court documents. The plaintiffs allege that this funding was used to eliminate competition by monopolizing the essential ingredient needed by all plaintiffs.
Defiant Foods' CEO McKay Fugal claimed that the termination of EPG supply forces his company to abandon their entire business. Moon Magic's founder Shawn Brown claimed that the unavailability of EPG has forced him to abandon markets his company helped create and has resulted in substantial financial loss and wasted investment.
EkkoBar's founder Emtiaz Uddin stated that EPG's unavailability eliminated his ability to launch a product that would have directly competed against David's Bar. Peter Han at Bricks Protein's entire formulation and production process for protein bars were built around EPG.
The case is currently ongoing, with further developments to be reported. The plaintiffs are pressing David Protein in an amended suit regarding the difficulty of replacing EPG, arguing that David's actions are detrimental to fair competition in the global market for EPG supply.
The plaintiffs are accusing David Protein of using its financial resources, as demonstrated by the $75m Series A funding it received following the acquisition of Epogee, to monopolize the global market for EPG supply, which is crucial for their investing and business interests in the food industry. Meanwhile, several firms have claimed that the unavailability of EPG has significantly impacted their businesses, forcing them to abandon products, markets, and investments.
