Orgain class action alleges company falsely advertises amount of grass-fed protein in products

Orgain class action lawsuit overview:

• Who: Plaintiffs Tricia Bennett and Mai Pham filed a class action lawsuit against Orgain LLC and Nestle Health Science U.S. Holdings inc.
• Why: Orgain and Nestle allegedly misrepresent the amount of grass-fed protein in Orgain protein products.
• Where: The Orgain class action lawsuit was filed in California federal court.

Orgain LLC and Nestle Health Science U.S. Holdings Inc. have misled consumers about the amount of grass-fed protein in some of its Orgain protein shakes, nutritional shakes and protein powders, according to a class action lawsuit filed Oct. 13 in California federal court.

Plaintiffs Tricia Bennett and Mai Pham allege they paid a price premium for Orgain protein products because they believed they contained grass-fed protein, which reportedly has more omega-3s and conjugated linoleic acid (CLAs) than whey protein.

Omega-3s reportedly offer health benefits such as fighting inflammation, immune system benefits and prevention of chronic conditions such as diabetes and heart disease.

“Thus the belief that the (Orgain protein products) are made with only grass-fed protein is material to consumers,” Bennett and Pham claim.

As an example of allegedly deceptive labeling, the plaintiffs point to the label of an Orgain Kids Protein Shake that prominently states “8g GRASS-FED PROTEIN.”. However, the represented amount of grass-fed protein in the product is actually a blend of grass-fed protein and organic protein, according to the class action lawsuit.

The plaintiffs explain that “organic” protein is not the same as “grass-fed” protein because organic protein comes from corn- and grain-fed cows. In contrast, grass-fed cows are raised outdoors where they eat only grass on open pastures.

Class action says company’s misrepresentations about protein quality mislead consumers

Orgain reportedly presents itself as having “relentlessly high standards for nutrition, quality, and taste” and that it sources “only the best grass fed whey protein to ensure you are getting clean, high quality protein in every sip, slurp or bite.”

Bennett and Pham point to reviews online from consumers who claim they purchased Orgain protein products because they believe Orgain’s representations that they are made with grass-fed whey protein.

If they had known the products did not contain entirely grass-fed protein, the plaintiffs would not have purchased the products or would not have paid a price premium for them, according to the Orgain class action lawsuit.

The Orgain class action asserts claims for violation of California’s Consumers Legal Remedies Act, False Advertising Law, Unfair Competition Law, breach of express warranty, breach of implied warranty and unjust enrichment.

Orgain recently recalled one of its protein powder products sold at Costco over concerns it contains undeclared sesame.

Have you purchased Orgain protein products? Let us know what you think of the Orgain class action lawsuit in the comments.

Bennett and Pham are represented by Ruhandy Glezakos, Benjamin Heikali and Joshua Nassir of Treehouse Law LLP.

The Orgain protein class action lawsuit is Tricia Bennett, et al. v. Orgain LLC, et al., Case No. 3:23-cv-01877-RSH-SBC, in the U.S. District Court for the Southern District of California.

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