GNC asks judge to dismiss class action over fat content of ‘lean’ bars

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Update: 

• GNC Holdings Inc. has hit back against claims its Total Lean Lean Bars have similar fat levels as competing products and cannot be accurately labeled as “lean.”
• In a motion filed April 19 in a New York federal court, the company argued a class action lawsuit against it should be dismissed because the lawsuit relies on meat guidelines that do not apply to its product.
• Plaintiffs Alexander Mercado and Monica Espaillat claim they chose to purchase Total Lean Lean Bars after reviewing the labeling and packaging with prominent language indicating the product is “lean.”
• However, the company says the regulations the lawsuit is based on do not apply to its product, adding that the word “lean” is not a reference to the bar’s fat content, but rather to a full range of its GNC products promoting a healthy lifestyle. 

Total Lean Lean Bars class action lawsuit overview:

• Who: Plaintiffs Alexander Mercado and Monica Espaillat filed a class action lawsuit against GNC Holdings Inc.
• Why: GNC allegedly falsely advertises its Total Lean Lean Bars as “lean” even though they contain fat levels similar to competing products that are not labeled “lean.”
• Where: The GNC class action lawsuit was filed in New York federal court.

(March 3, 2023)

GNC Holdings Inc.’s Total Lean Lean Bars have similar fat levels as competing products and cannot be accurately labeled as “lean,” a class action lawsuit alleges.

Plaintiffs Alexander Mercado and Monica Espaillat claim they chose to purchase Total Lean Lean Bars after reviewing the labeling and packaging with prominent language indicating the product is “lean.”

The GNC class action lawsuit notes that health-conscious consumers actively seek lean food products with high protein content and avoid products with high fat content.

Based on GNC’s representations, the plaintiffs say they believed the products would contain a low amount of fat.

Total Lean Lean Bars labels violate federal regulations for labeling ‘lean’ products, plaintiffs say

Federal regulations set standards for the labeling of “lean” products. The relevant statute reportedly states that the term “lean” may be used to describe products that contain less than 10 grams of fat, 4.5 grams or less of saturated fat and less than 95 mg of cholesterol per 100 grams of product.

However, the GNC bars the plaintiffs purchased allegedly contained 12 grams of fat per 100 grams of product, which is two grams over the statutory limit.

Some of the bars contain more than 18 grams of fat per 100 grams of product, the class action lawsuit says.

The plaintiffs assert that GNC’s use of “lean” to describe its products is misleading because the bars do not contain less fat than similar protein products on the market that are not marketed as “lean.”

“Almost all of defendant’s competitors produce protein products with the same, if not lower, fat levels,” the GNC class action lawsuit says. 

GNC allegedly knew or should have known that its “lean” claims were false, deceptive, and misleading and that it was deceiving consumers by prominently labeling the Total Lean Lean Bars as “lean.”

The plaintiffs maintain they would not have purchased the bars, or would not have paid as much for them, if not for GNC’s allegedly false and misleading representations.

They filed the GNC class action lawsuit on behalf of themselves and a proposed class of U.S. consumers who purchased any Total Lean Lean Bars that falsely advertised the purported fat content during the applicable statute of limitations.

The Coca-Cola Co. was recently targeted by a class action lawsuit alleging its Minute Maid juice boxes are falsely advertised as healthy even though they contain significant amounts of sugar.

Have you purchased GNC Total Lean Lean Bars? Tell us what you think about this class action lawsuit in the comments.

The plaintiffs are represented by Frederick J. Klorczyk III and Brittany S. Scott of Bursor & Fisher PA, and Nick Suciu III and Gary M. Klinger of Milberg Coleman Bryson Phillips Grossman PLLC.

The Total Lean Lean Bars class action lawsuit is Alexander Mercado, et al. v. GNC Holdings LLC, Case No. 1:23-cv-01572, in the U.S. District Court for the Southern District of New York.

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