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Kodiak Cakes Pancake Mixes Have Less Protein Than Promised Class Action

Kodiak Cakes, LLC offers pancake and waffle mix in serious-looking black boxes, are labeled to tout how high in protein the products are. But the complaint for this class action brings suit against Kodiak and Baker Mills, Inc., alleging that the labeling is deceptive. Not only do the resulting pancakes and waffles not contain as much protein as they claim to; the protein is also not high quality and not easily assimilated into the body.

Kodiak’s Buttermilk Flapjack and Waffle Mix is prominently labeled to promise “14g protein” delivered by the mix. Consumers therefore expect this amount of protein per serving.

But the complaint says that’s not actually what they get: “Based on amino acid content testing, [Kodiak’s] products contain approximately 17% less protein than claimed, meaning, for example, rather than having 14 grams of protein per serving, [Kodiak’s] Buttermilk Flapjack and Waffle Mix product actually has only 11.5 grams.”

Well, 11.5 grams is still pretty good, isn’t it? Unfortunately, that’s not all. The complaint says that Kodiak “use[s] proteins of low biological value to humans in their product, such as pea protein and wheat protein.” The complaint refers to something called the Protein Digestability Corrected Amino Acid Score, or PDCAAS, and says that “when the amino acid content is adjusted for protein digestibility … [Kodiak’s] products will provide even less protein per serving than amino acid content testing alone reveals. Wheat and pea protein typically have PDCAAS scores of between 0.3 and 0.4.”

The complaint claims that regulations of the Food and Drug Administration (FDA) require makers to multiply the amount of amino acids a food contains by humans’ ability to digest the amino acid profile (the PDCAAS figure) to arrive at a daily value percentage.

According to the complaint, this daily value percentage must be shown in the nutrition facts panel. The nutrition facts panels of the Kodiak products do not show this, the complaint says, and declares that they are thus misbranded.

The complaint therefore calls the advertising of the product “false, misleading, and intended to induce consumers” to buy the product at a higher price than is normally charged for pancake and waffle mixes.

The complaint proposes four classes for this action:

  • The Forty-Nine State Class is all persons in each state except for California who bought the products between April 13, 2017 and the present.
  • The Florida Class is the same, but for people in Florida.
  • The New York and Illinois Classes are the same, but for people in New York and Illinois, respectively, who bought the products between April 13, 2018 and the present.
Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Kodiak Cakes Pancake Mixes Have Less Protein Than Promised Complaint

April 13, 2021

Kodiak Cakes, LLC offers pancake and waffle mix in serious-looking black boxes, are labeled to tout how high in protein the products are. But the complaint for this class action brings suit against Kodiak and Baker Mills, Inc., alleging that the labeling is deceptive. Not only do the resulting pancakes and waffles not contain as much protein as they claim to; the protein is also not high quality and not easily assimilated into the body.

Kodiak Cakes Pancake Mixes Have Less Protein Than Promised Complaint

Case Event History

Kodiak Cakes Pancake Mixes Have Less Protein Than Promised Complaint

April 13, 2021

Kodiak Cakes, LLC offers pancake and waffle mix in serious-looking black boxes, are labeled to tout how high in protein the products are. But the complaint for this class action brings suit against Kodiak and Baker Mills, Inc., alleging that the labeling is deceptive. Not only do the resulting pancakes and waffles not contain as much protein as they claim to; the protein is also not high quality and not easily assimilated into the body.

Kodiak Cakes Pancake Mixes Have Less Protein Than Promised Complaint
Tags: Contains Too Little of Featured Ingredients, Deceptive Advertising, Deceptive Labels