Silk class action claims creamer makes false protein claims

Silk creamer class action overview: 

• Who: A Silk creamer consumer is suing the company.
• Why: The plaintiff says the company illegally and deceptively markets the creamer as containing 4 grams of protein.
• Where: The class action was filed in a Colorado federal court.

Silk falsely advertises one of its creamers as containing 4 grams of protein, when you would need to consume four servings to get that amount of protein in a sitting, a new class action lawsuit alleges.

Plaintiff Heidi Wollerman filed the class action lawsuit against Silk Operating Company LLC Aug. 23 in a Colorado federal court, alleging violations of state and federal consumer laws.

Silk Operating Company LLC makes and sells a Salted Caramel Almond Creamer under the Silk brand with marketing highlighting “4g Protein.”

Wollerman said Silk markets the product to consumers seeking protein from dairy alternative beverages. She says, based on the marketing, consumers will expect that “4g Protein” refers to the protein content they will receive from one serving.

“However, the Nutrition Facts reveals the standard serving size is 1 tablespoon or 15 mL, which provides 1g of protein.”

Silk creamer protein claims defy FDA regulations, lawsuit alleges

Nutrient content claims are regulated by the Food and Drug Administration (FDA) to prevent consumers from being deceived by the numerous ways companies can use numbers to sell their products, Wollerman says.

The FDA requires that nutrient content claims are based on serving size. 

However, only on the back of the product does Silk reveal that consumers must eat four times the recommended amount—four tablespoons—to get the advertised 4 grams of protein.

“If consumers follow Defendant’s ‘Suggested Use’ and consume four times a standard serving, they will be consuming more than three times the amount of added sugars and 20% of the daily value,” the lawsuit states. 

Silk sold more of the product and at higher prices than it would have in the absence of this misconduct, resulting in additional profits at the expense of consumers, Wollerman alleges.

She’s looking to represent anyone who bought the product in Massachusetts, plus a multi-state Class of consumers from Montana, Colorado, New Mexico, Idaho, South Carolina, Utah, Mississippi and Alaska.

She’s suing for violations of state consumer laws, breach of warranty, fraud and unjust enrichment. The plaintiff is seeking certification of the class action, damages, fees, costs and a jury trial.

In 2019, Silk was hit with a class action lawsuit claiming its almond milk didn’t actually contain real vanilla, as advertised.

What do you think of the claims against Silk in this class action lawsuit? Let us know your thoughts in the comments! 

The plaintiff is represented by Spencer Sheehan of Sheehan & Associates, P.C. 

The Silk protein class action lawsuit is Heidi Wollerman v. Silk Operating Company LLC, Case No. 1:22-cv-02169 in the U.S. District Court for the District of Colorado.

Read About More Class Action Lawsuits & Class Action Settlements:

• Walmart class action over Great Value brand Fudge Mint Cookies dismissed
• Gerber class action alleges company falsely markets, labels baby food
• Perdue health alert announced for chicken tenders possibly contaminated with plastic, dye
• Speedo, Hard Rock class actions claim websites not accessible to visually impaired, blind users