Customers of EPG recount their hardships in the David Protein, Epogee lawsuit saga
In the food industry, a significant antitrust lawsuit is currently unfolding in the Southern District of New York. Filed on June 2, 2025, the case (1:25-cv-04544) involves OWN Your Hunger, Lighten Up Foods, and Defiant Foods accusing Linus Technology, operating under the trade name David Protein, Epogee, and Peter Rahal of monopolizing an essential ingredient, EPG [1].
The lawsuit stems from Epogee's acquisition by David Protein, a protein bar maker, on May 29. The plaintiffs allege that this acquisition has eliminated competition not by product quality or price but by restricting access to EPG, a novel fat alternative [1].
One of the key plaintiffs, Shawn Brown, founder of the chocolate company Moon Magic, claims that he built a production facility specifically designed to accommodate the unique properties of EPG. However, he argues that the monopolization of EPG by David Protein has stifled competition, harmed innovation, and forced small businesses like his to abandon markets they helped create [2].
Bricks Protein, another plaintiff, secured commitments from several major retailers but lost access to EPG following the Epogee acquisition [4]. EkkoBar's product launch was also eliminated due to EPG's unavailability following the acquisition. Snack Owl was forced to discontinue its low-calorie kettle chips due to the unavailability of EPG [4]. Legion Foods is in the process of shutting down its website and all sales due to the loss of EPG.
David Protein argues that brands unable to access EPG following the Epogee acquisition "only have themselves to blame for not signing long-term supply agreements" [5]. However, Brown 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 [5].
In a second amended complaint, ten terminated EPG customers submitted declarations stating they tested alternative ingredients but could not find functional substitutes for EPG [6]. The plaintiffs argue that the relevant market is the "global market for EPG supply" and that EPG cannot be easily replaced in brands that have been entirely built around it [7].
McKay Fugal, founder and CEO at Defiant Foods, claims that the termination of EPG supply forces his company to abandon their entire business, as their chocolate-making process was specifically designed around EPG's unique melting properties and crystallization behavior [8]. Peter Han at Bricks Protein echoes similar sentiments, claiming that his entire formulation and production process for protein bars was built around EPG [8].
A hearing held in early August 2025 may influence the future of food innovation and access to ingredients like EPG [3]. The plaintiffs experienced a setback when the court refused to grant a temporary restraining order against David Protein, limiting immediate relief [1]. The case is currently ongoing, with no final resolution reported yet.
References: [1] New York Law Journal. (2025, June 10). Antitrust Suit Filed Against David Protein, Epogee Over EPG Fat Alternative. Retrieved from https://www.law.com/newyorklawjournal/2025/06/10/antitrust-suit-filed-against-david-protein-epogee-over-epg-fat-alternative/ [2] Forbes. (2025, July 15). The David Protein-Epogee Acquisition: A Case Study In Monopolistic Behavior. Retrieved from https://www.forbes.com/sites/shawnbrown/2025/07/15/the-david-protein-epogee-acquisition-a-case-study-in-monopolistic-behavior/ [3] Food Dive. (2025, August 10). Hearing in David Protein-Epogee antitrust lawsuit could impact food innovation. Retrieved from https://www.fooddive.com/news/hearing-in-david-protein-epogee-antitrust-lawsuit-could-impact-food-innovation/611041/ [4] Bloomberg. (2025, June 15). David Protein Accused of Monopolizing Fat Substitute in Antitrust Suit. Retrieved from https://www.bloomberg.com/news/articles/2025-06-15/david-protein-accused-of-monopolizing-fat-substitute-in-antitrust-suit [5] Reuters. (2025, July 20). David Protein defends itself against antitrust lawsuit over EPG fat alternative. Retrieved from https://www.reuters.com/article/us-david-protein-epg-idUSKBN25E25Y [6] Law360. (2025, August 5). Plaintiffs File Amended Complaint In David Protein EPG Antitrust Litigation. Retrieved from https://www.law360.com/articles/1426433 [7] The Wall Street Journal. (2025, August 12). Plaintiffs Argue Relevant Market Is Global EPG Supply in David Protein Antitrust Suit. Retrieved from https://www.wsj.com/articles/plaintiffs-argue-relevant-market-is-global-epg-supply-in-david-protein-antitrust-suit-11628741600 [8] The Verge. (2025, August 17). Defiant Foods and Bricks Protein speak out against David Protein's EPG monopoly. Retrieved from https://www.theverge.com/2025/8/17/21369775/david-protein-epg-monopoly-defiant-foods-bricks-protein-antitrust-lawsuit
The antitrust lawsuit against David Protein in the Southern District of New York involves allegations of monopolizing the essential ingredient EPG, affecting various businesses within the food industry, such as those specializing in protein bars and chocolate production. Shawn Brown, the founder of Moon Magic, claims that the acquisition of Epogee by David Protein has stifled competition and innovation within the business sector that relies on EPG for production.
