GFB “Protein Packed” Gluten Free Bites Have Too Little Protein Class Action

What does a product need to do to qualify as being “protein packed”? This class action brings suit against West Thomas Partners, LLC, which does business as GFB, for labeling its GFB Gluten Free Bites as being “Protein Packed.” The complaint alleges that the product is not actually high in protein.

Two classes have been defined for this action:

• The Nationwide Class is all citizens of the US who, within the appropriate statute of limitations, bought the products at issue.
• The California Class is all citizens of California who, within the appropriate statute of limitations, bought the products at issue.

Page 5 of the complaint shows images of the front and back of the product package. The front shows the claims “4G Plant Protein … Per Serving” and “Protein Packed” on its front label. On the back is the Nutrition Facts Panel, and the “Protein Packed” claim appears twice. However, the complaint points out that the Nutrition Facts Panel does not include the Daily Value for Protein.

The products at issue in this case contain 4 to 5 grams of protein per serving. According to the complaint, they all make nutrient content claims about protein. The complaint alleges, “Reasonable consumers … believe that the term ‘Protein Packed’ means that the products are ‘high’ in protein or constitute an ‘excellent source’ of protein.”

The Food and Drug Administration (FDA) regulates the labeling of food through the Food, Drug and Cosmetic Act (FDCA). California’s Sherman Food, Drug and Cosmetic Act incorporates the federal food labeling regulations.

Under these regulations, the complaint says, a company can claim that a product is “high in,” “rich in,” or an “excellent source of” protein if it contains 10 or more grams of protein per serving.

Also, the complaint claims, it “must meet a certain level of Reference Daily Intake (RDI) or Daily Reference Value (DRV).” To claim that a food is “high in” protein, the complaint alleges, the product must contain 20% or more of the RDI or DRV per serving. The RDI or DRV for protein, for adults and children over four years old, is 50 grams.

This means that the products do not contain enough protein to meet the requirements on either count. “At most,” the complaint alleges, “the Products contain only 50% of the protein content required to substantiate high protein claims.”

The complaint thus alleges that there is a reason the company did not put protein information on its Nutrition Facts Panel: “By artfully omitting the DRV for protein, [GFB] is able to mislead and deceive consumers that the Products are excellent sources of protein.”

The complaint asserts that the products do not contain enough protein to support their “Protein Packed” claims.

Article Type: Lawsuit
Topic: Consumer
Tags: "High in" or "Excellent Source of" Claims, Contains Too Little of Featured Ingredients, Deceptive Advertising, Deceptive Labels