Popular Snack Bar Faces All Natural Class Action Lawsuit

A popular snack bar brand is facing a class action lawsuit alleging the company falsely says its products are healthy. KIND Foods is facing a natural food label class action lawsuit alleging its products are incorrectly labeled as “healthy.”

Plaintiffs Charlie M. and Benjamin K. filed the all natural class action lawsuit alleging KIND snack bars don’t meet the requirements to be called “healthy” by the U.S. Food and Drug Administration (FDA). The plaintiffs contend that certain KIND snack bars are misbranded, violating the Federal Food, Drug and Cosmetic Act.

The all natural class action lawsuit alleges that Kind LLC “falsely and prominently labels [certain Kind snack bars] as ‘All Natural’ and ‘Non GMO,’ while manufacturing the Products with genetically modified and non-natural, highly processed ingredients including soy lecithin, soy protein isolate, and canola oil.” The all natural lawsuit additionally alleges KIND’s snack bars contain an elevated level of saturated fat and “not enough nutrients to bear the terms ‘plus’ or other health-related terms.”

Based on these allegations, the plaintiffs are suing for breach of express warranties, violations of California’s Consumers Legal Remedies Act, violations of California’s False Advertising Law, and violations of California’s Unfair Competition Law.

FDA Issues Warning Letter Over “Healthy” Claims

The FDA sent a letter to KIND on March 17, stating its products incorrectly use the term “healthy” because they do not meet the nutrient criteria to use that claim. 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 bars contain 2.5 to 5 grams of saturated fat per bar. The FDA limits foods to 1 gram of saturated fat or less per amount customarily consumed — in this case one 40 gram bar — to be marked as healthy.

Unlike other terms, like “natural,” the FDA actually has a strict definition for “healthy.” The term can only be used to describe foods with limited amounts of fat, saturated fat, cholesterol, and sodium, and requires specific minimum amounts of vitamins, minerals, or other beneficial nutrients.

The FDA letter also stated the bars’ food packaging misuses the terms “plus,” “antioxidant-rich,” and “low fat.”

Misleading Natural Food Labeling

There are numerous ways companies and corporations falsify food labels in order to manipulate consumers into buying their product. They may claim their product is healthier than it is or mislead the public into believing that it is “all natural.” For consumers with food allergens, such as a peanut allergy or a gluten allergy, an inaccurate food label is not just inconvenient, it can be life-threatening. Other types of deceptive food labeling include:

• Misleading “All Natural” Food Labels
• Deceptive “Preservative Free” Food Labels
• False Health Claims
• Misleading Green Advertising
• Misleading Product Labels
• False “Raised without Antibiotics” claims
• False “Grass Fed” claims
• False “Free Range or Cage Free” claims
• False food allergy claims
• Failure to accurately record weight of product

If you or someone you love has suffered because of a deceptive all natural food label or misleading advertising claim, you may be able to file a natural food packaging lawsuit

The KIND All Natural Class Action Lawsuit is Charlie McDonald v. Kind LLC, Case No: 8:15-cv-615, in the U.S. District Court for the Central District of California.