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FranchiseVerdict

FDD Items 3 & 4 · 2024 filing

5 Star Nutrition litigation history

What 5 Star Nutrition disclosed about lawsuits, arbitrations and bankruptcy in the 2024 Franchise Disclosure Document. Item 3 lists the material legal actions a franchisor must report; Item 4 covers bankruptcy. This is the franchisor's own disclosure, not a court record, and not legal advice.

Items 3 (litigation) & 4 (bankruptcy) at a glance

What the filing discloses

Cases disclosed
3
Item 3, as counted in the filing
Largest settlement, franchisor's own cases
None stated
Bankruptcy (Item 4)
None
Franchisor, parent, predecessor or officer
Filing year
2024
Disclosures cover the prior ten years

Extracted from the 2024 Franchise Disclosure Document

Item 3: litigation

Three matters disclosed: (1) Cranor v. 5 Star Nutrition, LLC (W.D. Tex.) TCPA putative class action, settled confidentially and dismissed with prejudice July 2021; (2) Environmental Research Center, Inc. v. Brick & Mortar Distributing/5 Star Nutrition (Cal. Super. Ct., Alameda) Proposition 65 action, settled via Consent Judgment entered March 2019, $100,000 paid plus warning/testing obligations; (3) United States v. Defyned Brands a/k/a 5 Star Nutrition, LLC (W.D. Tex.) FDA misbranding criminal case against parent/affiliate, resolved by Dec 2023 plea agreement with guilty plea to three misdemeanors and $4.5 million penalty paid over 90 monthly installments.

Item 3 (litigation) · 3 matters disclosed

Litigation cases

Parent, affiliates, master franchisor and subfranchisor

Concluded (3)

  • Lucas Cranor v. 5 Star Nutrition, LLC

    settled

    Brought by a third party · 5 Star Nutrition, LLC (affiliate) · filed 2019-10-09 · U.S. District Court for the Western District of Texas · 1:19-cv-00908-LY

    “… (Western District of Texas, Case No. 1:19-cv-00908- LY). On October 9, 2019, Lucas Cranor, a 5 Star Nutrition customer, filed a putative class action lawsuit in the United States District Court for the Western District of”Page 12 of the 2024 FDD, Item 3
  • Environmental Research Center, Inc. v. Brick & Mortar Distributing, LLC; 5 Star Nutrition LLC; and Does 1-100

    judgment

    5 Star Nutrition LLC (affiliate) · filed 2018-11-13 · Superior Court of the State of California, County of Alameda · RG 18928347

    “… (Superior Court of the State of California County of Alameda, Case No. RG 18928347).”Page 12 of the 2024 FDD, Item 3

    Outcome: “Brick & Mortar and 5 Star Nutrition agreed to pay $100,000 and to provide a Proposition 65 warning for any covered product manufactured for sale in California, distributed into California, or sold in California which exposes a person to lead or cadmium above agreed-upon limits.” (page 13)

  • United States of America v. Defyned Brands a/k/a 5 Star Nutrition, LLC

    concluded

    Government or regulatory action · Defyned Brands, LLC (our parent) and 5 Star Nutrition, LLC · U.S. District Court for the Western District of Texas, Austin Division · 1:23-cr-213-DH

    “… (U.S. District Court for the Western District of Texas – Austin Div., Case No. 1:23-cr-213-DH) The United States Attorney for the Western District of Texas, in Austin, and the U.S. Food”Page 13 of the 2024 FDD, Item 3

Item 3 lists the litigation the franchisor must disclose; a matter against a parent, an affiliate or a named officer is not a matter against the franchisor, and pending claims are allegations, not findings.

Disclosure signals that moved the score

How this shows up in the verdict

  • Multiple serious litigations including TCPA class action, Prop 65 product safety violations, and federal misdemeanor plea for misbranding dietary ingredients—core product integrity issues
  • Federal criminal plea agreement (USA v. Defyned Brands) for misbranding suggests regulatory compliance failures affecting the supplement/nutrition category

The verdict grade is FranchiseVerdict's editorial assessment across SBA loan performance, unit growth, revenue and disclosure signals. It is not investment advice.

Before you weigh a lawsuit

How to read Item 3

A franchisor must disclose pending actions and any material civil action involving the franchise relationship, plus convictions or civil judgments for fraud, unfair or deceptive practices, or franchise-law violations, going back ten years. A case the franchisor brought against a franchisee counts too. Item 3 does not include every dispute: settled claims below the materiality line and matters resolved in private arbitration can be absent.

Questions worth asking current and former franchisees, using the contact list in Item 20:

  • Were you, or anyone you know in the system, party to a dispute with the franchisor?
  • Was it resolved by settlement, arbitration or a court, and on what terms?
  • Has the number of disputes gone up or down since you signed?