Bowmar Nutrition Lies About Amount of Protein in Whey Supplements, Class Action Lawsuit Claims

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Whey protein supplement producer Bowmar Nutrition lies about the amount of protein in its products, with some containing 60 percent less protein than listed on nutritional labels, a new class action lawsuit alleges.

The nationwide class action lawsuit was filed in California on May 24 by lead Plaintiff Deana Lozano, who alleges Bowmar’s whey protein products provide substantially less protein than is stated on the federally mandated nutritional label and represented on the company’s website and social media advertising.

In addition, she says that testing reveals that many other statements on the nutritional labels are false, with differences in calories, fats, and various nutrients listed, the claim states.

“The labels’ claims were false, inaccurate, and misleading, and the labels and advertising violate federal and state laws and regulations requiring accuracy in nutritional labels.”

The class action lawsuit alleges that Bowmar engaged in unfair and deceptive trade practices, sold goods under false pretenses, and defrauded its customers.

Bowmar makes various powders, bars, frostings, nut spreads, and snacks containing or derived from whey protein isolate. Between 2019 and 2021, Lozano spent more than $400 on Bowmar products, including the Birthday Cake Protein Powder, Hazelnut Coffee Protein Powder, and Crunch Berry Almond Spread.

Bowmar says that she relied on the company’s marketing claims, which, on top of being advertised as “delicious” and “tasty,” says the products are fortified with whey protein and are “high protein.”

On the front labels, Bowmar specifically advertises its spreads, frostings, powders, and protein bars as providing specific amounts of protein per serving. These protein claims are repeated on the “Nutrition Facts” portion of the products’ labels.

However, based on testing commissioned by undersigned counsel and performed by reputable, independent laboratories that specialize in nutritional analysis of food products, each serving of the products contains less than the represented amount of protein, the class action lawsuit states.

“The variances range from a 15 percent shortfall from stated values for the protein bars, through approximately a 50 percent shortfall for varieties of the nut spreads, to up to a 60 percent or more shortfall for the protein powders and frostings.”

The claim adds that millions of Americans use protein supplements and food replacements derived from whey protein to meet weight loss, fitness, and general health goals.

“These consumers carefully monitor their protein intake for maximum effectiveness in meeting these goals. The accuracy of nutritional labels identifying the protein content of these products is therefore centrally important to satisfying these consumers’ needs and expectations,” the claim states.

Lozano wants to represent a national Class and California subclass of Bowmar customers. She is suing for violations of the California Unfair Competition Law and False Advertising Law, and seeks certification of the Class, restitution, damages, interest, legal fees and costs, and a jury trial.

Bowmar isn’t the only health food supplement manufacturer accused of false advertising. Recently, Reckitt Benckiser agreed to an $8 million settlement with customers over allegations its Neuriva supplements were falsely advertised as being clinically and scientifically proven to enhance brain performance, in violation of consumer protection laws and other laws.

Do you use protein supplements? Does this class action lawsuit raise concerns about the protein levels in your products? Let us know in the comments section.

Lozano is represented by Charles C. Weller of Charles C. Weller, APC.

The Bowmar Protein False Advertising Class Action Lawsuit is Lozano v. Bowmar Nutrition, LLC, Case No. 2:21-cv-04296, in the U.S. District Court for the Central District of California.

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