Kind Granola “High in Fiber” Claim Class Action

Kind, LLC sells granola in bags that the complaint for this class action alleges is “intended for consumption as snacks” including a cinnamon oat variety that is marketed as being “High in Fiber.” But the complaint claims that that claim is only true if the granola is eaten as a cereal, in a larger amount, and not when it is consumed as a snack.

Two classes have been defined for this action:

• The Illinois and New York Class is all persons in Illinois or New York who bought the product during the applicable statutes of limitations.
• The Consumer Fraud Multi-State Class is all persons in South Dakota, Wyoming, Idaho, Alaska, Iowa, Mississippi, Arkansas, South Carolina, and Utah who bought the product during the applicable statutes of limitations.

Fiber content is becoming a popular selling point for foods as consumers have become aware of its benefits, the complaint alleges: “improving gut health, lowering elevated LDL-cholesterol, reducing the risk of excessive weight gain and obesity, and decreasing incidences of cardiovascular disease (‘CVD’), coronary heart disease (‘CHD’), cancers, stroke and diabetes.”

However, if companies wish to promote their products as being “high in fiber,” the complaint claims, they must follow the regulations put out by the Food and Drug Administration (FDA) for nutrient content claims, which in this case are based on the “reference amount customarily consumed” or RACC.

According to the complaint, regulations require that if “a food is described as high in fiber, it must contain twenty percent or more of the recommended daily intake (‘RDI’).

The Nutrition Facts panel, shown on page 3 of the complaint, shows two columns of nutrition information, depending on how the granola is consumed: a “Snack” serving of 30 grams and a “Bowl” serving of 65 grams.

The complaint argues that “based on the Product’s correct serving size of 30 grams, it is not high in fiber because the four grams of fiber shown in the ‘Snack’ column is only fourteen percent of the percent daily value.” The “Bowl” serving size is based on the RACC for a bowl of cereal, but the complaint claims that “it is not a cereal nor sold with other cereals but with snacks.”

The complaint refers to another regulation, claiming, “Where claims about a food’s nutrient content are made when nutrition information is presented in two columns, it is required to conspicuously disclose which column is the basis for the claim.” Does the product do this? The complaint admits that the package contains the line, “[A]ll nutrition information [above] is based on a 65g serving size[,]” but it argues that the line is very small, at the bottom of the package, and hard to read.

Signs indicate that the product is not meant to be a cereal, the complaint claims, for example, the fact that the nutrient panel does not include a column for the product with added milk.

Article Type: Lawsuit
Topic: Consumer
Tags: Deceptive Advertising, Deceptive Labels, Fiber Claims, Misleading Nutrient Claims