Robert Irvine’s Fit Crunch Protein Bars Hiding Sugar New York Class Action

The complaint for this class action refers to a section of the Code of Federal Regulations when it says, “Consumers expect ingredients on a product to be declared by their common or usual name that describes their basic source, function and properties.” At issue is Pervine Foods, LLC listing of “Evaporated Cane Juice” instead of “Sugar” as an ingredient in its Robert Irvine’s Fit Crunch brand protein bars.

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

The products in question in this case are Robert Irvine’s Fit Crunch brand cookies and cream whey protein baked bars. An image of the product appears on page 2 of the complaint. It depicts the bars, along with the words, “Cookies and Cream,” “30g of Protein,” “6g Sugar,” and “Powered by FORTIFIX,” among other things.

Below this image is a copy of the ingredient panel. In the list of ingredients for the bar is the item “Evaporated Cane Juice.”

The complaint alleges, “Where an ingredient contains the term ‘juice,’ consumers expect that ingredient to be derived from a consumable fruit or vegetable.” It gives the definition of “juice,” from the Code of Federal Regulations, as “the aqueous liquid expressed or extracted from one or more fruits or vegetables, purees of the edible portions of one or more fruits or vegetables, or any concentrates of such liquid or puree.”

According to this definition, the substance in the bars is not a juice; it is simply sugar.

The complaint says that the Food and Drug Administraton (FDA) “concluded that where an ingredient is described as ‘evaporated cane juice,’ consumers can be, and are misled because ‘cane juice’ refers to a sweetener.”

The complaint sees a deceptive purpose in the use of this term: “reasonable consumers are deceived into purchasing a product with added sugar as its second most predominant ingredient.” It provides the impression, the complaint says, that the bars are a better nutritional choice than other similar products.

The complaint says, “The Product’s deceptive labeling is especially egregious because [Pervine] sells products intended to appeal to health-minded consumers.”

Consumers these days are willing to pay more for foods that are purported to be healthier choices with greater nutritional value. The complaint claims, “The misleading ingredient name has a material bearing on price and consumer acceptance of the Product because consumers pay more for products with the positive qualities associate with actual juice, including naturally occurring vitamins and minerals.”

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Robert Irvine’s Fit Crunch Protein Bars Hiding Sugar New York Complaint

April 19, 2020

The complaint for this class action refers to a section of the Code of Federal Regulations when it says, “Consumers expect ingredients on a product to be declared by their common or usual name that describes their basic source, function and properties.” At issue is Pervine Foods, LLC listing of “Evaporated Cane Juice” instead of “Sugar” as an ingredient in its Robert Irvine’s Fit Crunch brand protein bars.

Robert Irvine’s Fit Crunch Protein Bars Hiding Sugar New York Complaint

Case Event History

Robert Irvine’s Fit Crunch Protein Bars Hiding Sugar New York Complaint

April 19, 2020

The complaint for this class action refers to a section of the Code of Federal Regulations when it says, “Consumers expect ingredients on a product to be declared by their common or usual name that describes their basic source, function and properties.” At issue is Pervine Foods, LLC listing of “Evaporated Cane Juice” instead of “Sugar” as an ingredient in its Robert Irvine’s Fit Crunch brand protein bars.

Robert Irvine’s Fit Crunch Protein Bars Hiding Sugar New York Complaint
Tags: Deceptive Advertising, Deceptive Labels, Hiding Sugar