fbpx

Smucker’s Uncrustables Peanut Butter Sandwiches Protein California Class Action

The J.M. Smucker Company makes what it calls Uncrustable Sandwiches. At issue in this class action is its Peanut Butter & Strawberry Uncrustable Sandwich product, which it represents on the front label as having 6 grams of protein per serving. But the complaint alleges that it contains less protein, and that protein is in a low-quality form that lowers the protein content even further.

The class for this action is all persons in California who bought the products at issue between August 20, 2017 and the present.

Consumers are more health-conscious these days, and one of the things they look for in foods is high protein content. The Uncrustables product states on its front panel that it contains 6g protein.

However, the complaint alleges that this statement “is false, misleading, and intended to induce customers to purchase the Products at a premium price, while ultimately failing to meet consumer expectations.”

How is this possible? First, the complaint claims that testing of the product does not show 6g of protein per serving: “Based on amino acid content testing, [Smucker’s] products contain less protein than claimed, meaning, for example, rather than containing 6 grams of protein, Smucker’s Peanut Butter & Strawberry Uncrustables Sandwiches actually contain only 5 grams (i.e., an overstatement by approximately 20%).

But the problem doesn’t end there. The complaint alleges that the protein that it does contain is hard to digest and therefore “of low biological value to humans…” The Food and Drug Administration (FDA) has a Protein Digestibility Corrected Amino Acid score, or PDCAAS, that is a more accurate measure of what humans get out of a protein, and the product also must be scored according to this scale.

The complaint alleges, “Peanuts typically have a PDCAAS score of 0.5. Thus, after adjusting the protein content based on PDCAAS, the Smucker’s Peanut Butter & Strawberry Uncrustables Sandwiches provide only 2.5 grams of protein (i.e., an overstatement by approximately 140%).”

The representations on the front of the package are false and misleading, the complaint says, “broadly tout protein quantity while ignoring that the poor[-]quality proteins in the Product and the fact that the Products will provide far less useable protein than claimed.” According to the complaint, “the FDA stated in published guidance that such a practice is misleading.” It quotes that guidance as saying, “Information on protein quantity alone can be misleading on foods that are of low protein quality.”

Causes of action include violation of California’s Consumers Legal Remedies Act and false advertising laws, and common law fraud, deceit, or misrepresentation, among other things.

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Smucker’s Uncrustables Peanut Butter Sandwiches Protein California Complaint

August 20, 2021

The J.M. Smucker Company makes what it calls Uncrustable Sandwiches. At issue in this class action is its Peanut Butter & Strawberry Uncrustable Sandwich product, which it represents on the front label as having 6 grams of protein per serving. But the complaint alleges that it contains less protein, and that protein is in a low-quality form that lowers the protein content even further.

Smucker’s Uncrustables Peanut Butter Sandwiches Protein California Complaint

Case Event History

Smucker’s Uncrustables Peanut Butter Sandwiches Protein California Complaint

August 20, 2021

The J.M. Smucker Company makes what it calls Uncrustable Sandwiches. At issue in this class action is its Peanut Butter & Strawberry Uncrustable Sandwich product, which it represents on the front label as having 6 grams of protein per serving. But the complaint alleges that it contains less protein, and that protein is in a low-quality form that lowers the protein content even further.

Smucker’s Uncrustables Peanut Butter Sandwiches Protein California Complaint
Tags: Contains Too Little of Featured Ingredients, Deceptive Advertising, Deceptive Labels