Customers of EPG recount their difficulties in the legal dispute involving David Protein and Epogee
In a surprising turn of events, three food companies - OWN Your Hunger, Lighten Up Foods, and Defiant Foods - have filed a federal antitrust lawsuit against protein bar maker David Protein. The lawsuit alleges that David Protein's acquisition of Epogee, the producer of an ultra-low-calorie fat alternative called EPG, was a deliberate move to monopolize the EPG market and exclude competitors.
David Protein raised $75m in Series A funding following the acquisition, citing "explosive" growth. However, the plaintiffs claim that this move has caused significant harm to their businesses, forcing them to dispose of stranded materials, discontinue products, and even shut down operations.
Peter Han, founder of Bricks Protein, claimed that his entire formulation and production process for protein bars were built around EPG. The unavailability of EPG has forced EkkoBar to eliminate its product launch competing against David's Bar, and Snack Owl to discontinue its low-cal kettle chips. Shawn Brown, founder of chocolate company Moon Magic, claimed that the unavailability of EPG has forced him to abandon markets they helped create and has resulted in substantial financial loss.
The lawsuit alleges a "bait & switch" scheme, where David Protein initially promised to supply EPG to these companies, only to later cut off the supply after the acquisition. In a second amended complaint, ten terminated EPG customers submitted declarations stating they tested alternative ingredients but could not find functional substitutes for EPG.
Ruz Safai at OWN Your Hunger criticized David for not offering reasonable alternatives such as minimum order quantities, advance purchase commitments, or pooled ordering arrangements for EPG. McKay Fugal, founder and CEO of Defiant Foods, claimed that the termination of EPG supply forces his company to abandon their entire business.
The legal dispute is ongoing, with the plaintiffs filing amended complaints addressing the judge's concerns. The plaintiffs allege that EPG is critical to their businesses and cannot be easily replaced. They maintain that the relevant market David is attempting to monopolize is the "global market for EPG supply," emphasizing that EPG’s unique properties make substitution difficult.
The lawsuit is being heard in the Southern District of New York (case: 1:25-cv-04544). The outcome could have significant implications for the food industry, potentially setting a precedent for how essential ingredients are handled in the future.
[1] Source: Plaintiffs' Second Amended Complaint, filed June 23, 2025. [2] Source: Court Ruling, filed July 7, 2025. [3] Source: Plaintiffs' Third Amended Complaint, filed August 10, 2025.
Investors might be wary of investing in David Protein, given the ongoing federal antitrust lawsuit that accuses the company of using its acquisition of EPG's producer to monopolize the EPG market and harm competitors in the food industry. The plaintiffs, including Peter Han from Bricks Protein and Shawn Brown from Moon Magic, claim that the unavailability of EPG has caused significant financial loss and necessitated the discontinuation of products or even business closure.
