This class action alleges that Fullbar claims that its protein bars are “100% Natural” and “All Natural” yet the protein bars contain Maltodextrin (a synthetic chemical) and also contain GMO derived ingredients.
Plaintiff Elizabeth Livingston asserts that despite Fullbar, LLC's proclamations that its appetite control products are fully naturally, they actually contain soy products in addition to synthetic maltodextrin. Both ingredients are derived from GMOs and are so highly processed as to render them no longer truly natural.
According to the allegations of the class action lawsuit, Fullbar is in violation of Florida's Deceptive and Unfair Trade Practices Act and the Magnuson-Moss Warranty Act and has breached express warranties, engaged in negligent misrepresentation and received unjust enrichment as a result of its conduct.
Fullbar, LLC is the maker of a range of diet bars in flavors that include chocolate, peanut butter, cranberry almond and the like. These products are advertised and packaged in such a way as to highlight their “all natural” characteristics, which are likely very important to the company's target demographic.
However, the Fullbar product at issue are not made entirely of “all natural” ingredients and in fact contain a series of synthetic additives that includes soy lecithin, soy protein concentrate and isolate, potato maltodextrin and more. Once a food product is manufactured with such ingredients, it no longer falls into the “all natural” category.
This class action lawsuit asserts that consumers who purchased Fulbar products were misled into doing so by the company's misleading quality and nutritional claims. Foods labeled “all natural” tend to command a higher price than those not characterized in that way, and consumers were therefore convinced that the higher price paid for Fullbar products was justified by their higher quality.
During the period between January and August of 2014, Elizabeth Livingston bought roughly 15 Fullbar products with the belief that the “all natural” labeling and claims made on the bars were legitimate and that the food items included no unnatural additives. Had she been aware of the synthetic substances that were actually contained in the bars, she would never have made those purchases.
Ultimately, the “100% natural” and “all natural” claims made on Fullbar products were misleading and demonstrably untrue. Purchasers therefore did not get their money's worth and sustained economic and other harm as a result of choosing to buy these diet bars in reliance on the company's false statements.
Article Type: Lawsuit