NZ Muscle, which sells supplements including protein powders, creatine and electrolytes, has been accused of incorrect labelling, unhygienic repackaging, and failing to test its products.
By Nik Dirga and Isra'a Emhail of RNZ
The company has pulled products and offered refunds, while New Zealand Food Safety has launched an investigation. It comes after a 45-minute YouTube video was released by three Kiwis — a former employee and two others with a supplement brand — outlining what they claimed were questionable practices.
With the supplement industry booming worldwide, the case has raised questions about who oversees regulation in New Zealand, how safe the products are, and what consumers can do if they have concerns.
Who's taking these supplements?
Supplements — such as protein powders, vitamins and sports drinks — are taken orally to support diets and usually for physiological effects.
University of Otago Senior Professional Practice Fellow in Sports Nutrition Ali Hill says while people with nutritional deficiencies or diet restrictions may take them, athletes also may use them where eating the amount required for a performance boost may be impractical, such as with creatine.
Are there risks?
The Sport Integrity Commission warns supplements are made in "factories, not medical laboratories, which increases the risk of cross-contamination".
"Inaccurate labelling (deliberate or accidental) also makes it difficult to know what’s really in supplement products," its website states.
Contaminated supplements have caused positive drug tests in athletes and allergic reactions. No supplements are approved by the World Anti-Doping Agency or Drug Free Sport New Zealand.
Inadvertent ingestion of banned substances is especially concerning for athletes, but it also has implications for the general public, Hill says. "This is one of the reasons why we start with a food-first approach."
A 2022 Consumer NZ report found six sports supplements contained seven illegal drugs, including amphetamine-like stimulants and prescription medicines used for ADHD and Parkinson’s disease.
There’s also the matter of food-safe handling. Food consultancy Food Action founder Phill Dromgool, who also launched R-Line Electrolyte Drink, says inadequate processes can lead to microbiological contamination, allergens, foreign matter, incorrect ingredient levels, or other quality issues.
"Not every issue will result in illness, but consumers are entitled to expect that products are manufactured under appropriate controls and that the contents accurately reflect what is stated on the label."
How can I be sure what I'm buying is safe?
University of Otago’s Hill recommends looking for "Informed Choice", "HASTA-tested" or "NSF-Certified Sport" logos and checking batch numbers on the Certificate of Analysis match your purchased product.
Sports Integrity Commission notes that even certified products still carry some risk. Dromgool says testing should be seen as "one layer of assurance rather than a guarantee of overall product quality". He believes locally manufactured products provide greater visibility of how a product was produced, with the reassurance of New Zealand’s regulations.
"Most imported products are perfectly legitimate, but the complexity of those supply chains can make verification and traceability more challenging."
Generally, there are two types of testing referred to in the industry – anti-doping for banned substances and product verification to confirm the ingredients claimed on the label and at the stated levels. (The filmmakers behind the NZ Muscle allegations said the company emailed customers stating its creatine, electrolytes and two protein flavours were tested only for banned substances.)
Medsafe also issues alerts on contaminated supplements.
Who regulates supplements?
Most dietary supplements are considered food instead of medicines and are covered under the Dietary Supplement Regulations 1985.
There’s no pre-approval process in place for supplements, Medsafe says. Its website notes: "It remains the responsibility of the sponsor" – whoever puts the product on the market, in other words – "to ensure the product is made to an acceptable quality, is safe to use and complies with the law".
Supplements cannot claim to treat or cure conditions, though Consumer NZ notes companies often use vague language such as "may help".
Under the Food Act 2014, offences that endanger public health can result in fines up to $500,000 or five years' imprisonment.
Medsafe says supplements without prescription medicines can be imported freely, though some herbal ingredients (such as prasterone or DHEA) are classified as medicines. All imported supplements must come through a Registered Food Importer.
Supplements containing animal-derived ingredients must also comply with the Animal Products Act 1999 or Food Act 2014, and imported products are subject to the Biosecurity Act 1993. Products containing restricted substances or making therapeutic claims must be regulated as medicines.
Are the regulations enough?
Consumer NZ researcher Belinda Castles says the NZ Muscle case highlights weaknesses in New Zealand's oversight.
"Companies are largely responsible for ensuring their own products meet the rules before they go on shelves. That means problems can emerge only after products are already being sold."
Hill says overseas-made supplements may follow different regulations yet remain easily accessible online. Dromgool believes the system heavily favours importers, who pay a fee, register and self-assess risk, over local manufacturers – who need to be independently verified.
"When a company is selling 1000-plus products that are mostly imported, it is hard to imagine that they are all being adequately assessed.
"I do a fair bit of imported food work, it is very technical work – there are usually issues around compositional and labelling compliance. In the food supplement space, it gets much more technical and difficult."
What's the Government's role?
The Therapeutic Products Act (TPA), which would have regulated natural health products, was passed in 2023 but repealed in 2024 before taking effect.
After it was repealed, Associate Health Minister Casey Costello said: “The TPA would have led to the overregulation of low-risk products, imposed unnecessary costs and created more barriers to access to medicines and medical products.”
The Government is drafting a new Medical Products Bill to replace the Medicines Act 1981 and plans to introduce “a separate modernised regime for natural health products”.
What if I have concerns?
If you're unsure about taking supplements, Hill recommends speaking to a doctor, dietitian or registered nutritionist.
Consumer NZ encourages anyone who purchased affected products to seek refunds and report concerns to New Zealand Food Safety or the Commerce Commission.
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