Power Crunch Class Action Says Protein Bars Are Mislabeled

A class action lawsuit claims that Bio-Nutritional Research Group’s Power Crunch protein bars do not contain the advertised, characterizing ingredients.

According to plaintiff Hipolito Baez, Bio-Nutritional Research Group falsely markets their products to make them seem more attractive to prospective consumers. 

The Power Crunch class action lawsuit claims that the Chocolate Mint bar does not really contain mint oil, the Salted Caramel bar does not contain caramel, the French Vanilla Crème bar does not contain vanilla flavoring or vanilla extract, and the Wild Berry Crème bar does not contain wild berry puree.

The Power Crunch flavoring class action lawsuit says that the products in question do not have the characterizing flavors listed on the ingredient list, and only had “natural flavors” or “natural & artificial flavors” listed. Allegedly, these terms can apply to any natural and artificial flavors and do not specify the flavors listed on the front of the packaging.

The plaintiff states that “natural flavors” and “natural & artificial flavors” do not appear on the front of the package. The Power Crunch bars class action lawsuit says that this labeling misleads consumers because they expect the products to contain an amount of the specified characterizing flavoring, and do not expect the product’s flavor to be “supplied by natural and artificial flavor compounds instead of the characterizing ingredients of the food.”

The Power Crunch protein bar class action lawsuit says that the makers intentionally labeled the bars in a misleading way because they know customers would pay more for bars they believed contained the desirable characterizing ingredients than from other ingredients.

Allegedly, customers seek out products that they see as wholesome, healthy, or pure, and many consumers equate minimally processed ingredients to mean that the food is “pure.”

Allegedly,  Bio-Nutritional Research Group is aware of this preference and attempts to capitalize on it. Baez claims that the company was unjustly enriched by its profits from the sale of these products because it gained money from misrepresentations, at the expense of its customers.

Baez says that many consumers were financially injured by the misrepresentation because had they known that the bars were falsely advertised, they would not have purchased them or would not have paid as much for them.

Have you ever been misled by a flavoring label? Share your experience in the comments below! 

Baez is represented by Spencer Sheehan of Sheehan & Associates PC.

The Power Crunch Labeling Class Action Lawsuit is Hipolito Baez v. Bio-Nutritional Research Group Inc., Case No. 1:19-cv-08729, in the U.S. District Court for the Southern District of New York.

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