The court managing a high-profile lawsuit declaring David Protein got alt-fat manufacturer Epogee to “omit rivals and develop a fabricated syndicate” has actually rejected a demand to compel David to momentarily return to providing Epogee’s unique fat to every one of its previous consumers.
The lawful disagreement started days after David announced the acquisition of Epogee, when 3 little food firms that might no more accessibility Epogee’s unique fat (EPG) submitted an antitrust match vs David Healthy protein in New York City.
According to their grievance, OWN Your Hunger, Brighten Foods, and Defiant Foods “and various various other food producers spent thousands of hundreds of bucks” in structure items around EPG (which acts like fat yet includes a portion of its calories), yet were all of a sudden incapable to protect products when David Healthy protein got Epogee.
The companies asked the court to provide a momentary limiting order stopping David from “limiting, restricting, or refuting accessibility to EPG to existing consumers and certified food producers that formerly had accessibility.”
Court: Complainants are not straight rivals to David Healthy protein
In a 12-page order submitted with the court on Tuesday, nevertheless, Court Victor Marrero claimed the complainants had “not showed a possibility of success or significant inquiries on the qualities” of their antitrust or syndicate insurance claims.
Additionally, complainants “do not come to grips with the reality that EPG is patented” and are not straight rivals with David Healthy protein, that makes healthy protein bars, whereas the complainants make low-calorie sauces, nut spreads, and delicious chocolates, he included.
In their initial grievance, at the same time, the complainants specified the appropriate market as the USA market for EPG supply, claimed Court Marrero. “Yet at dental debate, complainants specified the appropriate item market as that for low-calorie extravagance foods. If the appropriate market is the USA market for EPG, complainants have actually not adequately revealed that there are no efficient compatible replacements that do not infringe the license for EPG.
” Certainly, complainants’ entry recommendations a non-party protein-forward gelato business that when utilized EPG in its items yet reformulated and accuseds’ resistance checklists completing healthy protein bar producers that do not utilize EPG.
” For the above factors, complainants have actually not shown a possibility of success on the qualities, and their activity for a momentary limiting order is as a result rejected.”
David Healthy Protein: ‘Under no commitment’ to offer EPG to complainants
In court documents filed last week, David Healthy protein claimed it was “under no commitment” to offer EPG to the complainants: “Epogee has 4 licenses that cover the procedure for making EPG. It is black letter regulation that license owners are not obliged to offer their item to 3rd parties or to certify 3rd parties to exercise the license.”
At The Same Time, there is an “wealth” of fats and fat replacements on the marketplace, included the accuseds. “While the complainants declare that they created their item solutions and making procedures around EPG as a main component, they did refrain from doing what many services do, specifically when confronted with a single resource of supply for an apparently crucial component or element– authorize an agreement.”
Prior to it purchased Epogee, claimed David Healthy protein, it also was a client of Epogee. “Yet, unlike complainants, David Healthy protein worked out a long-lasting supply contract to guarantee that EPG would certainly be readily available to it for usage in its David healthy protein bars for several years to find. Various other Epogee consumers did the exact same point. These complainants did not.
” Currently they desire the court to save them from a dilemma they developed on their own.”
‘ Methodical supply rejection and market adjustment’
According to the complainants, Epogee initially began reporting lacks of EPG in March, yet informed consumers that products would certainly be readily available in Might. Reactions to succeeding questions, they declare, were “obscure” till Might 29, when Epogee claimed it would certainly no more approve brand-new orders and was unwinding accounts following its acquisition by David
By successfully stringing them along for a number of months “throughout the hidden procurement duration” to ensure that they did not begin making different plans, David and Epogee “developed fabricated market problems beneficial to monopolization with methodical supply rejection and market adjustment,” they affirm.
What is EPG?
To make EPG (esterified propoxylated glycerol), which can be detailed on food tags as “EPG (customized plant-based oil),” Epogee divides plant-based oils such as canola right into glycerin and fats, inserts a food-grade web link, and reconnects them.
As EPG is immune to lipase, an enzyme that damages down fat in the body, little of its calories are launched. For context, 1g of fat includes 9 calories, while 1g of EPG includes simply 0.7 calories.
This confirmed extremely interesting David, which looks for to decrease the portion of power originating from fats and carbs in its protein-fueled bars.
Unlike Olestra, which had a reduced melting factor (and untidy negative effects) or fat replacers made from sugars, periodontals, starches or fibers, EPG features like fat since it’s made from fat.
* The instance is OWN Your Cravings, Brighten Foods, and Bold Foods vs Linus Modern technology (which runs under the brand name David Healthy protein), Epogee, and Peter Rahal, submitted in the Southern Area of New York City on June 2, 2025. Situation: 1:25- cv-04544
More analysis:
Peter Rahal, David Protein, sued over ‘bait & switch’ scheme to monopolize Epogee’s fat replacer
The message Setback for plaintiffs in David Protein, Epogee lawsuit as judge refuses to grant temporary restraining order showed up initially on AgFunderNews.
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