Anna Bradley-Smith  |  June 14, 2021

Category: Food

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KIND Dark Chocolate Clusters Protein False Advertising Class Action
(Photo Credit: Class action complaint)

Snack food company KIND falsely advertises the amount of protein in its snacks by up to 20 percent and misleads consumers for profit, a new class action lawsuit alleges.

The class action lawsuit was filed in California on June 11 by lead Plaintiffs Lisa Chong and Zack Schwartz who allege that KIND misleadingly markets its products to increase profits and gain a competitive edge.

According to the claim, KIND capitalizes on consumers increasingly seeking healthy, high protein foods by advertising its breakfast and snack products as containing significant amounts of protein.

The class action lawsuit specifically cites KIND’s advertising of its Dark Chocolate Clusters, which say on the front label that they contain “10g PROTEIN.”

“Consumers, in turn, reasonably expect that each product will provide the actual amount of protein per serving that the front of the product package claims it will.”

However, Chong and Schwartz allege that KIND’s Dark Chocolate Clusters, rather than having 10 grams of protein per serving, actually have only 8.4 grams, an overstatement by approximately 20 percent, the claim says.

“Based on amino acid content testing, Defendant’s products contain less protein than claimed,” the class action lawsuit says.

“Defendant’s advertising and labeling of the Products as containing and providing specific amounts of protein per serving is false, misleading, and intended to induce consumers to purchase the Products at a premium price, while ultimately failing to meet consumer expectations.”

The claim adds that these representations deceive and mislead reasonable consumers into believing that a serving of the products will provide the grams of protein as represented on the label, when that is not in fact the case.

Chong says that she has purchased KIND Nut Bars from various Safeway and Lucky Supermarket since 2016, due in large part to the products advertising of protein serving sizes.

Schwartz purchased KIND Granola, including the Dark Chocolate Clusters flavor, and KIND Protein Bars in 2020 also due to the products’ advertising.

The class action lawsuit says that Chong and Schwartz, and other KIND consumers, were economically damaged by their purchase of the products because the advertising was untrue.

Further, the claim alleges that KIND uses proteins of low biological value to humans in their products, such as oats, which are not fully digestible.

“Because consumers pay a price premium for products that contain more protein, by labeling their Products as containing more grams of protein per serving than they actually contain, Defendant is able to both increase their sales and retain more profits,” the claim states.

The claim adds that KIND’s products are misbranded under state and federal regulations, which require any product that makes a protein claim to include in the nutrition facts panel the percentage of the daily value of the protein in the product, which KIND’s products fail to do.

Chong and Schwartz are looking to represent anyone in California who purchased KIND products since 2017. They are suing for breach of advertising and consumer laws and unjust enrichment. They seek certification of the Class, damages, restitution, declaratory relief, interest, legal fees, and a jury trial.

KIND isn’t the only company to face legal action over its protein claims. In June, food producer Purely Elizabeth was hit with a class action lawsuit for allegedly lying about the amount of protein in its products. 

Do you take any protein supplements? Do you check the nutrition facts panel on the back of the product labelling? Let us know in the comments section!

Chong and Schwartz are represented by Seth A. Safier, Marie McCrary, and Hayley Reynolds of Gutride Safier LLP.

The KIND False Advertising Class Action Lawsuit is Chong, et al. vs. KIND, LLC, Case No. 3:21-cv-04528, in the U.S. District Court for the Northern District of California.


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627 thoughts onKIND Falsely Advertises the Amount of Protein in Its Snacks, Class Action Lawsuit Claims

  1. Kirk Huyser says:

    I bought a 22 oz. bag of Kind Peanut Butter Clusters today with “10g Protein” boldly printed on the front. The Nutrition Facts on the back of the package report only 5g protein.

  2. Teri Bidwell says:

    Add me- I eat 2 a day for last 6 years.. as I need protein — ugh!!

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