Quest Nutrition “White Chocolate” Protein Bars New York Class Action

Quest Nutrition, LLC makes protein bars. One of the flavors offered is “White Chocolate Raspberry.” The complaint for this class action alleges that this product is deceptively advertised and labeled, because it does not contain real white chocolate. The complaint alleges violations of New York’s General Business Law, negligent misrepresentation, fraud, and breaches of warranties, among other things.

The class for this action is all those who bought the product who live in New York during the applicable statutes of limitations.

Page 2 of the complaint shows an image of the Quest product in its package, a protein bar prominently labeled “White Chocolate Raspberry” and “Flavor,” with an image including blocks of white chocolate.

The complaint contends, “The representations are misleading because though the Product’s name and depictions give consumers the impression it contains white chocolate, it does not contain any.”

Federal regulations specify the ingredients required for chocolate. The complaint briefly reviews some of these, then states, “In contrast to sweet chocolate, milk chocolate, buttermilk chocolate and skim milk chocolate, which contain chocolate liquor, white chocolate is made of cocoa butter (cacao fat) and does not have cocoa solids or chocolate liquor.”

It quotes the Code of Federal Regulations, saying that definition of white chocolate is “the solid or semiplastic Food prepared by intimately mixing and grinding cacao fat with one or more of the optional dairy ingredients … and one or more optional nutritive carbohydrate sweeteners.”

Next, the complaint reproduces the ingredient list for the product and examines it: “Though the Product’s ingredient list show[s] it contains cocoa butter, a required ingredient for white chocolate, it does not contain any of the dairy ingredients or nutritive carbohydrate sweeteners[] required for a food to be represented as white chocolate.”

A list of ingredients follows, enumerating the ingredients that may comprise the permitted dairy ingredients. However, the only dairy-related ingredients shown in the ingredient list are “milk protein isolate” and “whey protein isolate.” The complaint alleges that these “are not acceptable dairy ingredients in a white chocolate.”

The complaint also claims that the “nutritive carbohydrate sweeteners” spoken of in the law “are those that provide sweetness through a carbohydrate source, such as sucrose and corn syrup.” In contrast, the listed “erythritol, stevia and sucralose are non-nutritive sweeteners and therefore inconsistent as the sweeteners for white chocolate.”

Finally, the complaint claims that the word “Flavor” next to “Raspberry” on the product label “fails to disclose to consumers whether the product contains an amount of raspberries sufficient to independently characterize the food and whether the ‘natural flavors’ [on the ingredient list] contain flavor derived from raspberries.”

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Quest Nutrition “White Chocolate” Protein Bars New York Complaint

July 5, 2020

Quest Nutrition, LLC makes protein bars. One of the flavors offered is “White Chocolate Raspberry.” The complaint for this class action alleges that this product is deceptively advertised and labeled, because it does not contain real white chocolate. The complaint alleges violations of New York’s General Business Law, negligent misrepresentation, fraud, and breaches of warranties, among other things.

Quest Nutrition “White Chocolate” Protein Bars New York Complaint

Case Event History

Quest Nutrition “White Chocolate” Protein Bars New York Complaint

July 5, 2020

Quest Nutrition, LLC makes protein bars. One of the flavors offered is “White Chocolate Raspberry.” The complaint for this class action alleges that this product is deceptively advertised and labeled, because it does not contain real white chocolate. The complaint alleges violations of New York’s General Business Law, negligent misrepresentation, fraud, and breaches of warranties, among other things.

Quest Nutrition “White Chocolate” Protein Bars New York Complaint
Tags: Breach of warranty, Deceptive Advertising, Deceptive Labels, Negligent Misrepresentation, White Chocolate