Kind Hit with Snack Bar False Ad Class Action Lawsuit

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A proposed snack bar false ad class action lawsuit alleges Kind LLC labeled it snack bars as “healthy” when they allegedly contain little nutritional values and high levels of saturated fat. This Kind class action lawsuit was filed on Friday in California federal court just shortly after federal regulators informed Kind to change its product labeling practices.

Plaintiff Brandon Kaufer claims he paid a premium for four different types of Kind’s snack bars because he was misled by Kind’s snack bar labels, which allegedly claim the Kind snack products contained high levels of fiber, protein, and antioxidants and were free of trans fats. He filed this Kind class action lawsuit after the U.S. Food and Drug Administration (FDA) warned Kind that their packaging misused the word “healthy.”

According to Kaufer’s false ad class action lawsuit:

“Defendant’s claims that the KIND Snack Bars are ‘healthy or contain healthy nutrients or ingredients, the KIND Snack Bars do not meet the requirements established by the U.S. Food and Drug Administration (‘FDA’) to make such claims. In reality, the KIND Snack Bars contain elevated levels of saturated fat, not enough nutrients to bear the terms ‘+,’ ‘plus,’ or other health related terms, and other ingredients or elements that indicate the KIND Snack Bars are not truly ‘healthy.’”

The Kind snack bar products included in the plaintiff’s false ad class action lawsuit and in the FDA’s warning label include:

• KIND Fruit & Nut Almond & Apricot
• KIND Fruit & Nut Almond & Coconut
• KIND Plus Peanut Butter Dark Chocolate + Protein
• KIND Plus Dark Chocolate Cherry Cashew + Antioxidants

According to the Kind snack bar false ad class action lawsuit, some of these snack bars named above contained three times the FDA allowed saturated fat considered “reference amounts customarily consumed.” Additionally, Kind also stated their snack bars did not contain trans fats while neglecting to specifically include the snacks’ amounts of polyunsaturated and monounsaturated fatty acids, according to the Kind snack bar false ad class action lawsuit.

Kaufer alleges that by falsely labeling their snack products, Kind has violated the Federal Food, Drug, and Cosmetic Act, as well as the California consumer protection statutes. He seeks to represent himself in this Kind snack bar false ad class action lawsuit, as well as a proposed Class that includes:

“All individuals residing in the United States who purchased one or more of the following snack bars: KIND Fruit & Nut Almond & Apricot; KIND Fruit & Nut Almond & Coconut; KIND Plus Peanut Butter Dark Chocolate + Protein; and KIND Plus Dark Chocolate Cherry Cashew + Antioxidants; for personal use and not for resale any time between April 17, 2011 and the present (‘Class Period’).”

This Kind false ad class action lawsuit is seeking restitution for Kaufer and the Class for money spent on the Kind snack bar products which allegedly unjustly enriched Kind.

Kaufer is represented by Daniel L. Warshaw, Alexander R. Safyan and Matthew A. Pearson of Pearson Simon & Warshaw LLP.

The Kind Snack Bar False Ad Class Action Lawsuit is Kaufer v. KIND  LLC, Case No. 2:15-cv-02878, in the U.S. District Court for the Central District of California.