How do you know that a protein bar or energy bar is healthy? This class action brings suit against Pervine Foods, LLC, alleging that their FitCrunch Whey Protein Baked Bars and FitBar Energy Bars make consumers believe that the bars are healthy when in reality they contain between 8 and 18 grams of fat.
The National Class for this action is all persons in the US who bought the products during the fullest time period allowed by law. New York, California, and Illinois Subclasses have also been defined for persons in those states who bought the products. These are the products in question:
FitCrunch Whey Protein Baked Bar products:
- Chocolate Peanut Butter
- Milk & Cookies
- Apple Pie
- Peanut Butter & Jelly
- Chocolate Chip Cookie Dough
- Mint Chocolate Chip
- Lemon Cake
- Peanut Butter
- Caramel Peanut
- Any other limited, discontinued, or seasonal flavors
FitBar energy bar products:
- Peanut Butter Chocolate
- Cranberry Vanilla Almond
- Any other limited, discontinued, or seasonal flavors
The company advertises the Whey Protein Bars as “Delicious nutrition for all FIT lifestyles” and uses photos of fit people working out.
The complaint quotes a number of online postings from customers indicating that they believe that the bars are healthy:
- “They taste great and you know that they are good for you.”
- “Used as a meal replacement while dieting, very tasty and remarkably healthy.”
- “Tasty and healthy choice for breakfast.”
- “Delicious! Checks all the healthy boxes too…”
However, the complaint says that “the Products are not ‘healthy’ as they contain high levels of fat in violation of the United States Food, Drug and Cosmetic Act (‘FDCA’) and parallel state laws.”
One reason that the FDCA was enacted, the complaint claims, was “to ensure companies accurately label and identify their products so consumers can choose more healthful diets.” But “the FDCA, along with parallel state statutes, have found healthy claims to be misleading in high fat content products…”
The FDA has regulations on when words like “healthy” or “healthful” can be used. The complaint reproduces a table that shows conditions that must be met for fat, saturated fat, cholesterol, and other substances if those health-related words are used.
One regulation says that a food called “low fat” “contains 3 g or less of fat per reference amount customarily consumed.” But the Fit bars contain more fat than this.
FDA’s Guidance for the Industry on “healthy” claims says that the agency will exercise its discretion in enforcement where products “1) are not low in fat but have a fat profile makeup of [predominantly] mono and polyunsaturated fats; or 2) contain at least ten percent of the Daily Value (DV) per reference amount customarily consumed (RACC) of potassium or Vitamin D.”
The complaint reviews some of the bars at issue and finds that this “discretionary” exception does not apply to these bars.
Article Type: LawsuitTopic: Consumer
Most Recent Case Event
FitCrunch and FitBar Products Misleading “Healthy” Impression Complaint
November 18, 2021
How do you know that a protein bar or energy bar is healthy? This class action brings suit against Pervine Foods, LLC, alleging that their FitCrunch Whey Protein Baked Bars and FitBar Energy Bars make consumers believe that the bars are healthy when in reality they contain between 8 and 18 grams of fat.
FitCrunch and FitBar Products Misleading “Healthy” Impression ComplaintCase Event History
FitCrunch and FitBar Products Misleading “Healthy” Impression Complaint
November 18, 2021
How do you know that a protein bar or energy bar is healthy? This class action brings suit against Pervine Foods, LLC, alleging that their FitCrunch Whey Protein Baked Bars and FitBar Energy Bars make consumers believe that the bars are healthy when in reality they contain between 8 and 18 grams of fat.
FitCrunch and FitBar Products Misleading “Healthy” Impression Complaint