On April 22, a civil complaint surfaced, claiming that Create Wellness’s Create Creatine Monohydrate Gummies do not contain the promised 4.5 grams of creatine per serving. An investigation by an independent accredited laboratory revealed that these gummies contained only 4.01 grams per serving.
The plaintiffs in this case seek damages exceeding $5 million.
“Create is aware of the recent complaint and firmly disputes its claims,” stated Dan McCormick, co-founder and CEO of Create Wellness. “Our Core Create gummies undergo comprehensive creatine potency testing for every production batch via Eurofins, a leading independent lab, and are NSF Certified for Sport. We have reviewed the testing results for the Core Create gummies purchased by the plaintiff, and these results confirm that the creatine content exceeded what was stated on the label, demonstrating that the plaintiff received exactly what was promised and did not suffer any harm. We are prepared to vigorously defend against these allegations and fully support our products.”
As of the publication of this article, the plaintiffs’ attorney has not responded to requests for comment. The plaintiffs are being represented by the Bursor and Fisher law firm.
Rend Al-Mondhiry, a partner at the law firm Amin Wasserman Gurnani, who is not involved in the lawsuit, remarked that both parties will need to address challenges related to their testing methods. “Even if a similar testing method was employed, a variety of factors can influence the results,” she noted. “We can expect substantial reliance on laboratory experts to assess the methodologies employed by both sides while defending their methods as superior or more appropriate.”
Moreover, Al-Mondhiry mentioned that the plaintiff must establish the universality of the alleged underdosing. “Particularly, considerable obstacles may arise when seeking class certification if it’s unreliable to assume that all purchasers during a specific period received products with insufficient dosing—meaning there could be variations from batch to batch, with some not falling below the label claim,” she explained.
Regarding the defendant, Al-Mondhiry indicated that there can be significant challenges related to managing and preserving necessary retain samples while adhering to FDA Good Manufacturing Practices (GMP) in order to defend the case.
Third-party Testing
Create Wellness, based in New York, launched its creatine gummies in December 2022 and, within less than two years, raised over $7 million to enhance product development, marketing, and team expansion. By late 2025, the company successfully introduced its core flavors of orange, blue raspberry, and sour green apple into Target stores nationwide.
To date, Create Wellness has sold over 250 million creatine gummies, equating to around 83 million servings. In March, the company announced a successful $20 million fundraising round aimed at further enhancing its retail presence, consumer education, and product innovation efforts.
“We collaborate with our entire scientific advisory board to develop top-tier products, keeping ahead of the latest advancements in creatine research and even working together on various research initiatives,” McCormick elaborated in a recent interview.
Two years ago, NOW Foods assessed 12 brands of creatine, including Create Wellness, through high-performance liquid chromatography, and identified that the brand did not fulfill its creatine label claims.
The lawsuit cites NOW’s evaluation as proof of independent third-party testing showing a history of deceptive advertising by Create Wellness.
Crystal Webber, MS, RD, founder and chief innovation officer of Formulation Innovations Group, mentioned previously that incorporating high doses of functional ingredients into gummies can be challenging, noting that a flag for concern is when a tiny gummy claims to deliver a large dose.
One legal analyst informed NutraIngredients off the record that the emergence of this lawsuit is not entirely unexpected, as gummies can often present challenges regarding dosage consistency.
NutraIngredients has indicated that Create Wellness conducts batch-level testing with Eurofins to validate creatine potency and assess potential degradation.
“We are not just a supplement platform that offers any products we can sell,” McCormick emphasized. “Our sole focus is on providing best-in-class creatine offerings. This commitment compounds over time.”
