Carnation Breakfast Essentials Drink Powder Too Little Protein Class Action

Nestlé Healthcare Nutrition, Inc. sells Carnation Breakfast Essentials Nutritional Powder Drink Mix product that is advertised as containing 13 grams of protein. But the complaint for this class action alleges that this is misleading because the product actually contains only 5 grams of protein.

Two classes have been defined for this action:

• The New York Class is all persons in New York who bought the product during the applicable statutes of limitations.
• The Consumer Fraud Multi-State Class is all persons in Utah, Wyoming, Arkansas, North Carolina, and Alabama who bought the product during the applicable statutes of limitations.

The market for high-protein products is growing fast, as consumers try to get more protein in their diets. It’s not just bodybuilders and young men who seek it out, the complaint alleges, but also “vegans, dieters, vigorous exercisers or athletes, and people who may be getting insufficient amounts, due to diet choices or increased activity levels or inability to absorb protein efficiently…” Also, the complaint alleges, “Recent scientific and/or proprietary studies indicate that as age increases, so does the amount of protein needed to maintain stable bodily functions, which has caused increased demand in older generations…”

Companies making food and drink products therefore may offer or promote products with a higher protein content.

Page 1 of the complaint shows an image of the Carnation product box, with the claim “13g Protein” in a circle on the front label. In another circle are the words “3x vitamin D vs. milk.” However, in small print some distance from this claim are the qualifiers “Per Prepared Serving” and “just add milk.”

The complaint alleges that this comparison with milk is “inconsistent” with the circle promising more vitamin D than milk: “Consumers will not think they need to add milk given that the Product is comparing itself to milk.”

Only on the back of the package can consumers see that the product alone has only 5 grams of protein, the complaint claims, which is only 38% of what is promised on the front. This is revealed by displaying two columns of nutritional information, one for “Powder” and one for “As Prepared.”

This is made even more confusing, the complaint alleges, in that “no preparation instructions are provided on the back of the package so that consumers can obtain 13g of protein.” In other words, the complaint alleges that it does not say how much milk to add to receive this much protein, or whether this should be skim, 2%, whole, or whether it may be other types of milk, such as soy milk or oat milk.

The complaint alleges that Nestlé “sold more of the Product and at higher prices than it would have in the absence of this misconduct, resulting in additional profits at the expense of consumers.”

Article Type: Lawsuit
Topic: Consumer
Tags: Contains Too Little of Featured Ingredients, Deceptive Advertising, Deceptive Labels, Protein Content