In Question: Why waste millions on securing EPG access if it's easily replaceable? Plaintiffs intensify legal action against David Protein in updated lawsuit.
## Title: Ongoing Antitrust Lawsuit Threatens Small Food Brands Over Control of Unique Fat Replacer
In a high-profile antitrust lawsuit, three small food brands - OWN Your Hunger, Lighten Up Foods, and Defiant Foods - have accused David Protein of creating an artificial monopoly by acquiring Epogee, the manufacturer of a unique fat replacer called EPG[1][3]. The lawsuit, filed in the Southern District of New York on June 2, 2025 (Case: 1:25-cv-04544), alleges that David's acquisition was designed to exclude competitors and cut off their access to EPG, a crucial ingredient for the plaintiffs' low-calorie food products[1][3].
The dispute revolves around the global market for EPG supply, with the plaintiffs claiming that no other ingredient can be reasonably interchanged with EPG[3]. This argument is based on the fact that EPG is a modified fat containing just 0.7 calories per gram, making it an essential component in the plaintiffs' unique low-calorie products[3]. Each plaintiff has built its entire business model around EPG, and its unavailability has caused significant financial harm and irreparable reputational damage[3].
In mid-June 2025, Judge Victor Marrero refused to grant a temporary restraining order that would have forced David Protein to resume supplying EPG to the plaintiffs and other previous Epogee customers during the litigation[1]. The judge found that the plaintiffs had "not demonstrated a likelihood of success or serious questions on the merits" of their antitrust or monopoly claims[1]. However, the plaintiffs have since filed an amended complaint to address concerns raised by the judge[3]. In the amended filing, they refine their legal argument, asserting that the relevant market is specifically the "global market for EPG supply"[3].
David Protein maintains it has no obligation to continue supplying EPG to the plaintiffs, who had not signed long-term supply agreements and who, in David's view, have alternative fat substitutes available[1][3]. The case appears to hinge on whether EPG constitutes a distinct market and whether David's actions post-acquisition amount to anti-competitive conduct under antitrust law[3].
The plaintiffs claim that the defendants' actions have caused them significant financial harm. They allege that they have suffered over $449,000 in sunk R&D investments specific to EPG-based products that cannot be recovered or repurposed for products using other ingredients[3]. Additionally, the plaintiffs have collectively suffered over $15,000 per month in ongoing operational losses from idle manufacturing capacity, lease obligations, and fixed costs without corresponding revenue to support operations[3].
Moreover, the plaintiffs have lost over $107,000 in confirmed sales due to their inability to fulfill customer orders[3]. OWN Your Hunger allegedly breached binding delivery commitments to major retail customers due to EPG unavailability, causing irreparable reputational harm and triggering penalty clauses that compound its damages[3].
As of late June 2025, the lawsuit is ongoing, with the plaintiffs actively amending their case to address the court's initial findings[3]. There is no indication from recent reports that any settlement has been reached or that further preliminary injunctions have been granted. The dispute will likely continue through the courts, with both sides contesting the definition of the relevant market and the competitive impact of David’s acquisition of Epogee and control over EPG supply[3].
## Summary Table
| Event | Date | Outcome/Status | |------------------------------|--------------|--------------------------------------------------------------------------------| | Lawsuit filed | May–June 2025| Antitrust claims by OWN Your Hunger, Lighten Up Foods, Defiant Foods | | TRO denied | June 19, 2025| Judge refuses to force David to resume EPG supply | | Amended complaint filed | June 23, 2025| Plaintiffs refine market definition to “global EPG supply” | | Ongoing litigation | Present | No settlement or further injunctions reported; case proceeds in court |
In this ongoing antitrust lawsuit over control of the unique fat replacer EPG, the three small food brands OWN Your Hunger, Lighten Up Foods, and Defiant Foods are challenging David Protein's dominance in the finance sector, as their access to EPG, a critical ingredient for their low-calorie food products, is at risk due to the acquisition by David Protein of Epogee, the manufacturer of EPG [1][3]. The business implications of this legal dispute for the plaintiffs have been substantial, resulting in significant financial harm and irrevocable reputational damage due to EPG unavailability [3].
