Performix SST Metabolism Supplement Lawsuit, Did You Buy It Without a Required FDA Warning on the Label? Gonzalez v. Performix LLC, No. 1:21-cv-01271

A proposed class action claims Performix LLC has unlawfully sold its SST Timed Release Metabolism dietary supplement capsules given the product’s packaging does not include certain required disclosures. The case, Gonzalez v. Performix LLC, No. 1:21-cv-01271, was filed in the U.S. District Court for the Eastern District of California. No settlement has been reached. If you bought Performix SST supplements, here is what the lawsuit alleges and what your options are right now.

Performix SST Metabolism Supplement Lawsuit — Key Facts

Field	Detail
Lawsuit Filed	August 2021
Defendant	Performix LLC
Alleged Harm	Selling a misbranded dietary supplement without the required DSHEA FDA disclaimer on product labels
Specific Law Alleged	Federal Food, Drug, and Cosmetic Act (FFDCA); Dietary Supplement Health and Education Act of 1994 (DSHEA); California Unfair Competition Law; unjust enrichment
Who Is Affected	All U.S. residents who purchased Performix SST Timed Release Metabolism capsules; California residents covered by a separate subclass
Court & Case Number	U.S. District Court, Eastern District of California, No. 1:21-cv-01271
Current Court Stage	Active litigation — TBD, pending court filings
Lead Plaintiff Deadline	TBD — no lead plaintiff deadline published as of May 28, 2026
Settlement Status	No settlement reached
Law Firm Involved	Bursor & Fisher P.A.
Last Updated	May 28, 2026

Who Is Performix LLC and Why Are They Facing a False Advertising Lawsuit?

Performix LLC is a sports nutrition and dietary supplement company that markets the SST Timed Release Metabolism product — capsules sold as a metabolism booster, energy enhancer, and focus support supplement. The company sells its products online and through major retail chains across the United States. Because Performix SST targets consumers who are actively trying to manage their weight and energy levels, the accuracy of its label claims matters directly to the people buying it.

What Does Performix SST Allegedly Say on Its Label — and What Is It Missing?

The lawsuit alleges that because the packaging of the supplement includes certain claims regarding its purported ability to affect the human body’s structure or function — including by boosting metabolism, increasing energy, and promoting focus — federal regulations mandate that Performix also clarify on the product’s labels that the supplement has not been approved by the FDA and is not “intended to diagnose, treat, cure, or prevent any disease.”

The complaint quotes the product’s left panel as saying, under the heading “Energy and Metabolism,” that “Performix SST is powered by Caffeine and Capsimax to accelerate your body’s metabolism, provide sustained energy, and support fat breakdown.” It also states that the inclusion of clinically-tested Capsimax allows Performix SST to accelerate the body’s metabolism to provide energy. A third claim appears under the heading “Focus,” stating that Performix SST is powered by Caffeine, Teacrine, and Sensoril to promote focus, clarity, concentration, and alertness.

The complaint alleges that none of the panels that bear these claims shows the required DSHEA disclaimer. That disclaimer — the one that says the FDA has not evaluated the supplement and that it does not diagnose, treat, or cure any disease — is legally required any time a supplement makes a structure/function claim about the human body.

The consumer argued that she bought a product she mistakenly believed had received federal approval, and that she would not have purchased it had it been correctly labelled. This is the core of the lawsuit: without that disclaimer, consumers can reasonably assume the product has gone through a government review process that it has not. To understand how similar consumer fraud class actions in the food and supplement space have resolved, see our coverage of how the Red Bull false advertising class action settlement was structured for affected buyers.

Absent these statements, the Performix SST Time Release Metabolism supplement is considered misbranded and unlawful to sell under federal and California law, the case alleges.

One important development has emerged since this case was filed. In December 2025, the FDA issued a letter to the dietary supplement industry signaling it is actively considering an amendment to the regulation that governs placement of the DSHEA disclaimer on product labels — specifically, whether the disclaimer must appear on each panel where a structure/function claim is made. The outcome of that regulatory review could affect the legal landscape for cases like this one, though no rule change has been finalized as of May 28, 2026. For comparison, see how a similar false advertising dispute over a beverage was resolved in our breakdown of how the Celsius energy drink false advertising class action paid out up to $250 per buyer.

If you purchased Performix SST Timed Release Metabolism capsules anywhere in the United States, this case may directly affect you.

Related article: Ram ProMaster Nine-Speed Transmission Lawsuit, Did Stellantis Sell You a Van With Two Useless Gears? Gonzalez et al. v. FCA US, LLC d/b/a Stellantis North America et al., No. 2:26-cv-04407

Are You Part of the Performix SST False Advertising Class Action?

Here is exactly how to know whether this lawsuit includes you.

You likely qualify if:

• You purchased Performix SST Timed Release Metabolism capsules anywhere in the United States at any time covered by the class period
• You are a California resident who purchased the product — you are covered by the California subclass, which carries additional state-law claims
• You relied on the metabolism, energy, or focus claims on the packaging when making your purchase decision
• You would not have purchased the product had you known it had not been reviewed or approved by the FDA

You likely do NOT qualify if:

• You never purchased Performix SST Timed Release Metabolism capsules specifically — other Performix products are not named in this complaint
• You are a director, officer, or employee of Performix LLC
• You are the judge assigned to this case or an immediate family member of the court

Performix SST Buyers Outside California — Are You Still Covered?

The nationwide class for this action is all residents of the United States who bought the product through the date the class is certified in this case. A California subclass has been defined for residents of that state. Your state of residence does not disqualify you from the nationwide class. California residents may have additional remedies under state law through the subclass.

If you are unsure whether you qualify for the Performix SST false advertising lawsuit, a free consultation with a consumer fraud lawsuit attorney can help you assess your options before the case moves further in court.

What Are Performix SST Buyers Asking the Court to Award in This False Advertising Case?

No money is available right now. No claim form exists. This lawsuit is still in active litigation.

The complaint seeks to certify a nationwide class of purchasers and a California subclass. It asserted a California Unfair Competition Law claim and an unjust enrichment claim. For their alleged losses, the plaintiff and putative classes seek injunctive relief, damages including punitive damages, and an award of their attorneys’ fees and costs.

What Could Performix SST Buyers Receive If This Case Settles?

There is no way to predict a settlement amount at this stage. Recoveries in false advertising supplement cases depend on the number of class members, the volume of product sold during the class period, the strength of the misbranding evidence, and what the parties negotiate. What the complaint establishes is a path to both financial damages and injunctive relief — meaning the court could order Performix to change its labels going forward, in addition to compensating buyers. Speaking with a consumer fraud lawsuit attorney can help you understand what your individual purchase may be worth if and when this case resolves.

What Should Performix SST Buyers Do Right Now?

1. You are likely already included. Most class members in a case like this do not need to do anything immediately to be part of the class. Certification happens at the court level — your purchase history is what matters, not a form you file today.
   
2. Save your purchase records. Hold onto anything that connects you to the product: receipts, order confirmations, bank or credit card statements showing a supplement retailer, subscription records, or photos of the product. These will be critical if the case reaches a settlement and a claim form requires proof of purchase.
   
3. Document what you saw on the label. If you have the original packaging or photos of it, save those. The lawsuit turns on what the label did and did not say, so a record of the specific version you purchased is useful.
   
4. Monitor the docket. This case is filed in the U.S. District Court for the Eastern District of California as No. 1:21-cv-01271. You can track filings at no cost using PACER at pacer.gov. When a settlement is announced, the case docket will be the first place it appears.
   
5. Watch for a notice in the mail or email. If the case certifies and reaches a settlement, affected buyers typically receive a direct notification. Keep your contact information current with any retailer where you made your purchase.
   
6. Consider individual options. If your losses are significant and you believe you have a stronger individual claim than what a class settlement would provide, speaking with a consumer rights lawyer before any opt-out deadline is worth your time.

Performix SST False Advertising Lawsuit Timeline

Milestone	Date
Performix SST Timed Release Metabolism on sale to U.S. consumers	Ongoing through class period
Lawsuit filed — Gonzalez v. Performix LLC	August 2021
Case assigned — U.S. District Court, Eastern District of California, No. 1:21-cv-01271	August 2021
FDA issues letter to supplement industry on DSHEA disclaimer review	December 11, 2025
Next scheduled hearing	TBD — check PACER docket No. 1:21-cv-01271
Expected resolution	TBD — no settlement announced as of May 28, 2026

Performix SST False Advertising Lawsuit — Frequently Asked Questions, No. 1:21-cv-01271

Is there a class action lawsuit against Performix LLC over the SST Metabolism supplement right now? 

Yes. Gonzalez v. Performix LLC, No. 1:21-cv-01271, is an active class action filed in the U.S. District Court for the Eastern District of California. The lawsuit alleges Performix sold its SST Timed Release Metabolism capsules with structure/function claims on the label but without the required DSHEA FDA disclaimer. No settlement has been reached as of May 28, 2026.

Do I need to do anything right now to be included in the Performix SST class action?

 Most U.S. purchasers of Performix SST Timed Release Metabolism capsules are automatically part of the proposed nationwide class. You do not need to file a form today. What you should do right now is save any proof of purchase — receipts, order confirmations, bank statements — so you are ready if a settlement requires documentation.

When will the Performix SST lawsuit settle?

 There is no settlement timeline to report. As of May 28, 2026, the case remains in active litigation with no announced settlement. Supplement false advertising cases of this type can take several years from filing to resolution, depending on class certification rulings and the parties’ willingness to negotiate.

Can I file my own lawsuit against Performix instead of joining the class action?

 Yes. Class membership does not prevent you from opting out and pursuing individual claims, particularly if your losses are significant. Speak with a consumer fraud lawsuit attorney to evaluate whether an individual claim makes more sense for your situation before any opt-out deadline is set by the court.

How will I find out if the Performix SST lawsuit settles?

 Three ways: the court docket at PACER (No. 1:21-cv-01271), a direct mail or email notice if a settlement administrator is appointed, and trusted legal news sources. Do not rely on social media claims — verify any settlement news against official court documents or the settlement administrator’s official website.

What specific laws does Performix allegedly violate with its SST supplement label?

 The complaint alleges violations of the Federal Food, Drug, and Cosmetic Act as amended by the Dietary Supplement Health and Education Act of 1994 (DSHEA), which requires the disclaimer “This statement has not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure, or prevent any disease” on each label panel bearing a structure/function claim. The California claims are brought under the California Unfair Competition Law and unjust enrichment theory.

How much could Performix SST buyers receive from a future settlement?

 No money is available and no settlement exists as of May 28, 2026. If the case settles, compensation will depend on the total settlement amount, the number of valid claims filed, and whether you can provide proof of purchase. Past supplement false advertising class actions have paid amounts ranging from tens of dollars to several hundred dollars per buyer, depending on case-specific factors. A consumer fraud lawsuit attorney can give you a more grounded estimate based on your individual purchase history.

Does the FDA’s December 2025 letter on DSHEA disclaimers affect this case?

 It could. The FDA signaled in December 2025 that it is reconsidering the requirement for the DSHEA disclaimer to appear on every label panel where a structure/function claim is made. If that regulation is changed, it could influence how courts evaluate misbranding claims going forward. However, no rule change has been finalized, and the regulatory review does not retroactively change the law as it existed when this lawsuit was filed.

Sources Used in This Performix SST False Advertising Article

• Law Street Media — Performix Sued Over Dietary Supplement’s Missing Disclaimer, August 24, 2021: https://lawstreetmedia.com/news/health/performix-sued-over-dietary-supplements-missing-disclaimer/
• FDA — Letter to the Dietary Supplement Industry on the DSHEA Disclaimer, December 11, 2025: https://www.fda.gov/food/information-industry-dietary-supplements/letter-dietary-supplement-industry-dshea-disclaimer
• PACER — Case docket, Gonzalez v. Performix LLC, No. 1:21-cv-01271, U.S. District Court, Eastern District of California: https://pacer.gov

Prepared by the AllAboutLawyer.com Editorial Team and reviewed for factual accuracy against the original court complaint (Gonzalez v. Performix LLC, No. 1:21-cv-01271), Law Street Media reporting (August 24, 2021), and the FDA’s December 11, 2025 industry letter on DSHEA disclaimer placement. Last Updated: May 28, 2026.

This article is for informational purposes only and does not constitute legal advice. Laws vary by state and individual circumstances differ. For advice about your specific situation, consult a qualified attorney.