Customers of EPG recount their hardships in David Protein, Epogee lawsuit
In a series of unexpected developments, three food companies - OWN Your Hunger, Lighten Up Foods, and Defiant Foods - have filed an antitrust lawsuit against protein bar maker David Protein and Epogee in the Southern District of New York. The case, filed on June 2, 2025 (case number 1:25-cv-04544), alleges that David Protein's acquisition of Epogee, a company specializing in ultra-low-calorie fat alternative EPG, was made with the intention of excluding competitors and creating an artificial monopoly.
The plaintiffs claim that the relevant market David is attempting to monopolize is the "global market for EPG supply." This allegation comes after several companies, including Moon Magic, EkkoBar, Snack Owl, and Bricks Protein, reported difficulties following the loss of access to EPG.
According to Shawn Brown, founder of Moon Magic, the chocolate company invested over $750,000 in building a production facility specifically designed to accommodate the unique properties of EPG. However, they were not given the opportunity to resume ordering EPG following the acquisition. Brown claims that David's monopolization of EPG has stifled competition, harmed innovation, and forced small businesses like theirs to abandon markets they helped create.
Similar sentiments are echoed by Peter Han at Bricks Protein, who claims that David's acquisition eliminated competition and that their entire formulation and production process was built around EPG. Defiant Foods, a chocolate company, claims that the termination of EPG supply following the acquisition forces them to abandon their entire business. Legion Foods is in the process of shutting down their website and all sales due to EPG's unavailability.
EkkoBar's product launch, which would have competed against David's Bar, was eliminated due to EPG's unavailability. Snack Owl discontinued low-calorie kettle chips formulated around EPG and disposed of $70,000 worth of stranded materials.
In response to the allegations, David Protein denies antitrust wrongdoing, arguing the acquisition was legitimate business conduct. The company's CEO, David, asserted that brands unable to access EPG following the Epogee acquisition "only have themselves to blame for not signing long-term supply agreements." However, Moon Magic notes that there was never an offer of long-term supply or invitation to negotiate volume commitments, despite their personal relationship with employees, ongoing business, and substantial investment in EPG-based products.
As of late July 2025, there has been a legal setback for the plaintiffs: a judge refused to grant a temporary restraining order that they sought to immediately stop David Protein’s control over EPG. The plaintiffs argue that this decision allows David Protein to continue to monopolize EPG, effectively eliminating competition.
In summary:
| Aspect | Status as of July 2025 | |-----------------------------------|--------------------------------------------| | Case Filing | June 2, 2025, Southern District of New York | | Plaintiffs | OWN Your Hunger, Lighten Up Foods, Defiant Foods | | Defendants | Linus Technology (David Protein), Epogee, Peter Rahal | | Allegation | Monopolization of ingredient EPG after acquisition | | Judge's ruling | Temporary restraining order request denied | | Defendants' stance | Plaintiffs at fault for no supply agreements, no antitrust violation | | Impact on market | Plaintiffs and others lose access to EPG, harming competition |
No further updates indicating resolution or settlement were found as of July 21–22, 2025. The outcome of this case could have significant implications for the food industry and competition law.
- Faced with the loss of access to EPG following the acquisition, food companies like Moon Magic and Bricks Protein have been forced to whittle down their businesses due to stifled competition and hindered innovation in the global market for EPG supply within the food industry.
- With the legal setback for the plaintiffs, the finance and investing sectors are closely monitoring the progression of the antitrust lawsuit against David Protein and Epogee, as the court's decision could potentially establish a precedent that impacts future business practices and competition dynamics within the broader food industry.
