Bowmar Nutrition, LLC offers whey-protein-fortified products, including powders, frostings, bars, and nut spreads that are fortified with whey protein concentrate or whey protein isolate. But the complaint for this class action alleges that the Bowmar products actually provide less protein than noted on their labels or on Bowmar’s website and social media postings. It claims that they therefore violate state and federal laws that require that nutritional labels be accurate.
The Nationwide Class for this action is all persons in the US who bought Bowmar’s whey-protein-fortified powders, frostings, bars, or nut spreads between October 15, 2017 and October 15, 2021. State subclasses have been proposed for Wisconsin, New Jersey, Kansas, North Carolina, Virginia, New York, Illinois, New Hampshire, Florida, and Texas, for persons in those states.
Whey is a liquid that is left in milk after the milk solids are taken out to make cheese. Bowmar fortifies its whey products with whey concentrate, which is whey in a dried, powdered form, or whey isolate, which is whey concentrate processed to remove fat and lactose, a very desirable form of protein for those who are lactose intolerant or trying to lose weight.
Bowmar advertises its whey-protein products as being high protein. The complaint alleges that consumers must rely on marketing claims and labeling to know how much protein is in a product.
The front labels advertise the amount of protein they purport to have per serving. However, the complaint alleges that “[t]esting performed by reputable national laboratories establishes” that each of the products contains less protein than advertised:
- Powders: Advertised as containing 22 or 23 grams per serving, they “have shortfalls of grams of protein per serving of at least 10 percent of the stated value, up to 67 percent.”
- Frostings: Advertised as containing 10 grams per serving, they “have shortfalls of grams of protein per serving of at least 10 percent of the stated value, up to 30 percent.”
- Bars: Advertised as containing 20 grams per serving, they “have shortfalls of grams of protein per serving of at least 10 percent of the stated value, up to 33 percent.”
- Nut Spreads: Advertised as containing 10 grams per serving, they “have shortfalls of grams of protein per serving of at least 10 percent of the stated value, up to 30 percent.”
The complaint alleges that the advertising and labels of the products were “false, inaccurate, and misleading[.]”
The counts include violations of state consumer laws, including the Iowa Consumer Fraud Act, and unjust enrichment.
Article Type: LawsuitTopic: Consumer
Most Recent Case Event
Bowmar Grams of Protein in Whey Protein Products Complaint
Bowmar Nutrition, LLC offers whey-protein-fortified products, including powders, frostings, bars, and nut spreads that are fortified with whey protein concentrate or whey protein isolate. But the complaint for this class action alleges that the Bowmar products actually provide less protein than noted on their labels or on Bowmar’s website and social media postings. It claims that they therefore violate state and federal laws that require that nutritional labels be accurate.
Bowmar Grams of Protein in Whey Protein Products ComplaintCase Event History
Bowmar Grams of Protein in Whey Protein Products Complaint
Bowmar Nutrition, LLC offers whey-protein-fortified products, including powders, frostings, bars, and nut spreads that are fortified with whey protein concentrate or whey protein isolate. But the complaint for this class action alleges that the Bowmar products actually provide less protein than noted on their labels or on Bowmar’s website and social media postings. It claims that they therefore violate state and federal laws that require that nutritional labels be accurate.
Bowmar Grams of Protein in Whey Protein Products Complaint