Gourmet Nut “Protein Packed” Trail Mix Not Enough Protein Class Action

At issue in this class action is a Protein Packed Trail Mix made by Gourmet Nut, Inc. The complaint alleges that Gourmet Nut’s marketing touts the value of protein and labels its trail mix as being “protein packed,” but the complaint claims that the product is actually not high in protein and that the Nutrition Facts Panel omits the Percent Daily Value for protein.

Two classes have been proposed for this action:

• The Nationwide Class for this action is all citizens of the US who bought the products within the applicable statute of limitations.
• The California Class is all citizens of California who bought the products within the applicable statute of limitations.

Page 5 of the complaint shows images of the front and back of the product. Both bear the words “Protein Packed” in large letters.

Page 6 shows an image of the Nutrition Facts Panel, which has no entry for protein. Below it is a closeup of a blurb on the back that begins, “Protein is an essential part of muscle tissue formation, strengthens the immune system, and keeps you fuller longer.”

The Food and Drug Administration (FDA) regulates food labeling according to the Food, Drug and Cosmetic Act (FDCA). California has its own Sherman Food, Drug and Cosmetic Law, which incorporates all provisions of the FDCA.

Under FDA regulations, a food can be called “high in,” “rich in,” or an “excellent source of” a certain nutrient if it contains a certain amount of that nutrient per serving. In the case of protein, the amount is ten grams per serving.

Also, to claim that a food is “high” in protein, it must meet a certain level of the Reference Daily Intake (RDI) or Daily Reference Value (DRV) for protein. The complaint quotes the Code of Federal Regulations as saying that the food “contains 20 percent or more of the RDI or DRV per reference amount customarily consumed.” The FDA’s RDI or DRV for protein for adults and children older than four is 50 grams.

“Generally,” the complaint claims, “a manufacturer is not required to include the DRV for protein. However, when a product’s label makes a nutrient content claim related to protein content, the manufacturer is required to include the DRV.” However, the Nutrition Facts Panel for the Protein Packed Trail Mix does not include this.

According to the complaint, the product contains only 7 grams of protein per serving. Thus the complaint alleges, “At most, the Products contain only 70% of the protein content required to substantiate high protein claims.”

The complaint claims that leaving the amount of protein off the Nutrient Facts Panel allows the company to “mislead and deceive consumers” into thinking that the trail mix is an excellent source of protein. The product is therefore misbranded, the complaint contends.

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