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Kind Products Less Protein Than Advertised California Class Action

Kind, LLC makes bars, cereals, and other products that it labels according to the amount of protein they contain. The complaint for this class action alleges that the products actually have less protein than advertised and that the proteins used may be of “low biological value” to human beings, meaning that the usable protein content is even less. In addition, it says that the products are misbranded because they aren’t labeled with the percentage of daily value of protein they supply.

The class for this action is all persons in California who bought the products between June 11, 2017 and the present.

A complete list of the products at issue can be found in Exhibit B, occupying pages 30-32 of the complaint document linked below.

Consumers these days are more health-conscious and are likely to want more nutritional value from products, such as higher protein content. Kind labels its products with the amount of protein they purportedly supply. For example, Kind Dark Chocolate Clusters are labeled as having 10 grams of protein. The complaint also shows an image of Dark Chocolate Almond Cereal, which is labeled “6g Protein.”

However, the complaint alleges that these representations are deceptive and that amino acid content testing shows that the products do not provide the amount of protein promised. For example, for the Dark Chocolate Clusters, labeled as having 10 grams of protein, testing shows only 8.4 grams of protein.

And that’s not all. The complaint alleges that Kind “uses proteins of low biological value to humans in their products, such as oats. Accordingly, when the amino acid content is adjusted for protein digestibility (the ‘Protein Digestibility Corrected Amino Acid’ score or ‘PDCAAS’), [Kind’s] products provide even less protein per serving than amino acid content testing alone reveals.” For one thing, oats tend to have a PDCAAS score of 0.5 or 0.6.

Any product that makes a protein claim is required to put in the nutrition facts panel the percentage of the daily value of protein the product supplies, based on amino acid content and PDCAAS score. Kind’s products make protein claims, but some of them do not include the percentage of the daily value for protein in their nutrition panels. This, the complaint claims, makes them misbranded.

The causes of action include violation of California’s Consumer Legal Remedies Act; false advertising; common law fraud, deceit, or misrepresentation; unlawful, unfair, and fraudulent trade practices, and unjust enrichment.

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Kind Products Less Protein Than Advertised California Complaint

June 11, 2021

Kind, LLC makes bars, cereals, and other products that it labels according to the amount of protein they contain. The complaint for this class action alleges that the products actually have less protein than advertised and that the proteins used may be of “low biological value” to human beings, meaning that the usable protein content is even less. In addition, it says that the products are misbranded because they aren’t labeled with the percentage of daily value of protein they supply.

Kind Products Less Protein Than Advertised California Complaint

Case Event History

Kind Products Less Protein Than Advertised California Complaint

June 11, 2021

Kind, LLC makes bars, cereals, and other products that it labels according to the amount of protein they contain. The complaint for this class action alleges that the products actually have less protein than advertised and that the proteins used may be of “low biological value” to human beings, meaning that the usable protein content is even less. In addition, it says that the products are misbranded because they aren’t labeled with the percentage of daily value of protein they supply.

Kind Products Less Protein Than Advertised California Complaint
Tags: Deceptive Advertising, Deceptive Labels, Fraud, Unfair Business Practices