CASE NAME: Connolly v. Create Wellness, Inc.
CASE NO.: 7:26-cv-3324
JURISDICTION: United States District Court for the Southern District of New York
FILED ON: April 22, 2026
CLASS DEFINITION: All consumers in the United States who purchased Create Creatine Monohydrate Gummies from retail or third-party sellers during the applicable statute of limitations, including a New York subclass.

SUMMARY:
Create Wellness, Inc. is facing a class action lawsuit alleging that its creatine monohydrate gummies are misleadingly labeled and contain less creatine than advertised. The lawsuit claims the products are marketed as providing 4.5 grams of creatine per serving, but independent testing allegedly shows significantly lower amounts. Plaintiffs contend that the discrepancy is due to a design flaw that causes creatine to degrade over time, and that consumers were misled into paying a premium for a product that does not deliver its promised benefits.

ALLEGATIONS:
The lawsuit alleges that Create Wellness markets its “Create Creatine Monohydrate Gummies” as a convenient and effective way for consumers to supplement creatine intake, a popular compound used to enhance muscle performance and recovery. The product labeling and advertising, including online listings and packaging, consistently represent that each serving of three gummies contains 4.5 grams of creatine, or 1.5 grams per gummy.

However, according to the complaint, independent laboratory testing contradicts these claims. The plaintiff alleges that testing conducted on a purchased product sample found that it contained approximately 4.01 grams of creatine per serving—about 10% less than advertised. Additional third-party testing cited in the complaint reportedly found even larger discrepancies, with some products containing only about 80% of the labeled creatine content.

Images included in the complaint, such as the product label shown on page 7 and the supplement facts panel on page 8, reinforce that the product is marketed as containing 4.5 grams of creatine per serving. These representations are central to the plaintiff’s claims that consumers are misled at the point of purchase.

The complaint attributes the alleged shortfall in creatine content to a design flaw inherent in the gummy format. According to the lawsuit, creatine is unstable when combined with water, which is a necessary ingredient in gummy products. This interaction can cause creatine to degrade into creatinine, a byproduct that does not provide the same performance benefits. As a result, the amount of active creatine may decrease over time, meaning consumers receive less than what is promised on the label.

Plaintiff alleges that the defendant was aware, or should have been aware, of this issue but continued to market the product as delivering the full stated dosage. The complaint further claims that Create Wellness promotes its products as being “third party tested” and assures consumers of consistent potency throughout the product’s shelf life, despite the alleged degradation issue.

The named plaintiff, a New York resident, states that he purchased the creatine gummies based on the advertised creatine content and relied on those representations. He claims that had he known the true amount of creatine in the product, he would not have purchased it or would have paid less.

The lawsuit asserts that creatine content is a material factor for consumers, particularly those using the supplement to improve athletic performance, muscle growth, or recovery. Because of this, the alleged misrepresentation is claimed to have caused economic harm by depriving consumers of the benefit of their bargain.

Based on these allegations, the complaint brings claims under New York consumer protection laws for deceptive acts and false advertising, as well as claims for breach of express warranty and unjust enrichment. The plaintiff seeks damages, restitution, injunctive relief, and other remedies on behalf of a nationwide class and a New York subclass.

Tell us what you think about this case.