Tag: snack
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Overstated Protein Content Claims Settled with Free Protein Bars for Class Members
General Nutrition Centers Inc. and the company that makes 2:1 Protein Bars® have settled class claims filed in California alleging that the companies misbranded four flavors in the product line by “allegedly overstat[ing] their protein content and understat[ing] their sugar and carbohydrate content.” Cagle v. Anti-Aging Essentials, Inc., No. 11-02940 (C.D. Cal., motion for preliminary…
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CSPI Alleges Fruit Roll-Ups® Maker Deceives Consumers
The Center for Science in the Public Interest (CSPI) is representing a California woman who has sued General Mills, Inc. on behalf of a putative nationwide class of consumers who purchased the company’s Fruit Roll-Ups®, Fruit by the Foot® and Fruit Gushers® products, claiming that the company deceptively markets them as healthy and wholesome. Lam…
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Seventh Circuit Dismisses Non-Natural Fiber Claims with Prejudice
The Seventh Circuit Court of Appeals has dismissed with prejudice consumer protection claims filed against two companies that make snack bars with extra fiber, finding the claims preempted under federal law. Turek v. General Mills, Inc., No. 10-3267 (7th Cir., decided October 17, 2011). According to the court, “The disclaimers that the plaintiff wants added…
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New Lawsuit Claims Bear Naked Foods Not “100% Pure and Natural”
California residents have filed a putative class action in federal court against a company that promotes its granola, cookie and trail mix products as “100% Pure and Natural,” despite making them with some purportedly synthetic ingredients. Thurston v. Bear Naked, Inc., No. 11-4678 (N.D. Cal., filed September 21, 2011). Seeking to represent a nationwide class of…
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Balance Bar “All Natural” Claims Targeted in Consumer Fraud Lawsuit
Seeking to represent a nationwide class of consumers, a California resident has filed a consumer fraud class action against the Balance Bar Co., challenging its “All Natural” claims in light of product ingredients such as ascorbic acid, cocoa (processed with alkali), glycerine, sodium citrate, and xanthan gum. Sethavanish v. Balance Bar Co., No. 11-4547 (N.D.…
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FDA Deems Lazy Larry® Brownies Adulterated Under Federal Law
The Food and Drug Administration (FDA) has warned the company that makes Lazy Larry® brownies containing melatonin that they are adulterated under federal law. According to FDA, “Your ‘Lazy Larry’ product is represented for use as a conventional food, and accordingly is not a dietary supplement.” The company apparently uses the term “dietary supplement” in…
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Putative Class Claims Fraud in Muscle Milk® Advertising
A California woman has filed a putative nationwide class action against the company that makes Muscle Milk® beverages and protein bars, alleging that promotions touting the products as “high performance” and “nutritious snacks” are false and misleading because they contain as much fat and calories as Krispy Kreme® doughnuts. Delacruz v. Cytosport, Inc., No. 11-3532…
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John Seabrook, “Snacks for a Fat Planet,” The New Yorker, May 16, 2011
“Over the course of the past half century, during which PepsiCo’s revenues have increased more than a hundredfold, a public-health crisis has been steadily growing along with it. People are getting fatter,” opines The New Yorker’s John Seabrook in this article examining the tension between the ubiquitous snack food empire and its recent foray into…