Slimfast class action claims misrepresents protein in smoothies, shakes

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Slimfast class action lawsuit overview:

• Who: A California resident filed a class action lawsuit against the owner of SlimFast, KSF Acquisition Corporation.
• Why: The customer accuses the company of misleading advertising by claiming SlimFast products contain a certain amount of protein, when they actually require milk to be added to provide that much protein. 
• Where: The class action lawsuit was filed in California federal court.

A SlimFast customer is suing the supplement brand’s parent company, KSF Acquisition Corporation, over allegedly false claims that certain SlimFast products contain more protein than they actually do. 

Elena Nacarino, the lead plaintiff in the SlimFast class action lawsuit, bought a SlimFast Advanced Nutrition Smoothie Mix Vanilla Cream Product for the “20g HIGH PROTEIN” advertised on the label. Only after buying the smoothie mix did Nacarino realize the product requires milk to be added in order to contain the grams of protein advertised on the label.

Nacarino seeks to represent a California class and subclass of other residents who bought the SlimFast products within the applicable statute of limitation. She brings claims of consumer protections violations, false advertising, breach of warranty, and unjust enrichment against KSF Acquisition Corporation.

SlimFast Class Action Alleges ‘Deceitful and Misleading’ Advertising

SlimFast sells “one of the nation’s leading smoothie and shake mixes,” which leads customers to trust the company “to be transparent and sincere in its advertising, rather than deceitful and misleading,” the class action complaint says. 

The products’ labels advertise a specific amount of protein, but “nothing… discloses to consumers that they must add milk to receive the amount of protein promised,” according to the complaint. For example, the SlimFast Advanced Nutrition Smoothie Mix, which promises “20g HIGH PROTEIN” per serving, actually contains only 12 grams of protein per serving, per court documents. 

Nacarino points to SlimFast competitors Nestle’s Garden of Life and Nature’s Bounty as providing the same amount of protein in a serving of the product as is promised on the label. The complaint also includes screenshots of one-star Amazon reviews from similarly upset customers who complain about the discrepancy between protein advertised and protein received from the product itself. 

Nacarino seeks injunctive relief to prevent these alleged SlimFast actions in future; restitution and disgorgement of all unjust enrichment; economic, monetary, actual, consequential, and compensatory damages; nominal, punitive, and statutory damages; and reasonable fees.

Did you trust SlimFast’s protein representations when you bought its products? You could be eligible to join this class action lawsuit!

The plaintiff is represented by Robert Abiri of Custodio & Dubey, LLP.

The Slimfast Class Action Lawsuit is Nacarino v. KSF Acquisition Corporation, Case No. 3:22-cv-04021, in the US District Court for the Northern District of California.

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