Birch Benders: Inflated Protein Claims

Food and Beverage Labeling

The Allegations:

Birch Benders pancakes and waffle mixes products are unlawfully, unfairly, and deceptively misbranded. The Products at issue in this lawsuit indicate protein claims on the front of the package, however the Nutritional Facts Panel on the package consistently fails to provide any referenced percent daily value of the Product's protein content. Such Products are sold at a premium price, while ultimately failing to meet consumer expectations.

Our Goals:

Our lawsuit seeks refunds for all purchasers of Birch Benders pancakes and waffle mixes products at issue in this lawsuit. It also seeks an injunction preventing further false advertising.


This case was filed in the United States District Court, Northern District of California on April 7, 2022. Defendant moved to dismiss; plaintiff has not yet opposed.

Who is Covered:

All persons in the State of California who purchased the Products between April 7, 2018 and the present.

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Key Documents

2022-04-07Class Action Complaint
2022-10-03Order Regarding Defendant's Motion to Dismiss