Kind Bars, Granola, Cereal: Inflated Protein Claims
|Food and Beverage Labeling|
Consumers are increasingly health conscious and, as a result, many consumers seek foods high in protein to support weight loss, exercise, and general fitness, among other reasons. To capitalize on this trend, Defendant prominently claims, on the front of many of its product packages, that they contain a specified amount of protein. For example, Defendant claims "10g PROTEIN” on the label of its Dark Chocolate Clusters. In truth, however, the products do not contain the amount of protein that the labels claim. Based on amino acid content testing, the products contain approximately 20% less protein than claimed.
Our lawsuit seeks refunds for all purchasers of Kind products with protein claims. It also seeks an injunction preventing further false advertising. The products at issue include Kind nut clusters, nut bars, breakfast protein bars, protein bars, energy bars, clusters, healthy grains granola, snack mix, oatmeal, protein cereal, and nut butter bars.
The case was filed on June 11, 2021. The Court granted Defendant's motion to dismiss. Plaintiff filed a notice of appeal on March 10, 2022.
Who is Covered:
All persons in the State of California who purchased the KIND products that make protein claims on the front of the product packages between June 11, 2017 and the present.
|2021-06-11||Class Action Complaint|
|2021-08-26||Plaintiffs' Opposition to Defendant's Motion to Dismiss|
|2021-10-04||Plaintiffs' Supplemental Brief on Preemption|
|2022-02-15||Order Granting Motion to Dismiss|
|2022-03-10||Plaintiffs' Notice of Appeal|