Atkins Class Action Lawsuit Says ‘Net Carbs’ Claims Are Deceptive

On Tuesday, Atkins Nutritionals Inc. was hit with a class action lawsuit challenging its practice of marketing its food products with “Net Carbs” claims.

Plaintiff Johana Garcia alleges the “Net Carbs” claims, which are featured prominently on various Atkins products, mislead consumers about the products’ effect on blood sugar levels.

Garcia points to the front label of Atkins-brand products, which prominently display a Net Carbs claim. According to the Atkins class action lawsuit, the Net Carbs claims are intended to inform consumers that dietary fiber and sugar alcohols should not be included as carbohydrates because they have a “negligible” effect on blood sugar levels.

Atkins reportedly informs consumers that “All Carbs Are Not Created Equal,” explaining that carbohydrates like dietary fiber “pass through your body without having any impact on blood-sugar levels” and sugar alcohols “have a minimal impact on blood-sugar levels.”

However, Garcia says that two of Atkins’ most commonly used sugar alcohols, maltitol and maltitol syrup, significantly affect blood sugar levels and should not be deducted from the total carbohydrate count used in the Net Carbs calculation.

The Atkins Net Carbs class action lawsuit names several varieties of Atkins snack bars, meal bars and Endulge Treats as having misleading Net Carbs language.

“Defendant’s Net Carbs representations communicate to consumers that the glycemic effect of maltitol- and maltitol syrup-derived carbohydrates is negligible,” the Atkins class action lawsuit says.

“But the indisputable scientific truth is that it is not negligible and that the glycemic index of maltitol and maltitol syrup is closer to that of table sugar (sucrose) than it is to zero.”

Garcia asserts that Atkins misleads consumers about the glycemic effects of its products, capitalizing on consumers’ preference for foods that are low carb or have minimal glycemic effect.

According to the Atkins class action lawsuit, Atkins has “engaged in a calculated campaign to sow scientific confusion in the public mind in order to conceal its Net Carbs Deception and further perpetuate its fraud on consumers.”

“It has attempted to as it were ‘change the subject’ from the glycemic index of sugar alcohols—and especially maltitol and maltitol syrup—to the issue of the ‘glycemic impact’ of its products taken as a whole, which is altogether distinct from, and irrelevant to the truth or falsity of, its Net Carbs representations.”

Garcia says that she and other putative Class Members would not have purchased the Atkins products had she known that the Net Carbs claims were deceptive and misleading.

The Atkins class action lawsuit was filed on behalf of Garcia and a proposed Class of consumers in the United States who made purchases of certain Atkins meal bars, snack bars and Endulge Treats. Garcia also seeks to represent a New York Class.

The Atkins Net Carbs class action lawsuit asserts violations of New York’s Deceptive and Unfair Trade Practices Act, False Advertising Law, breach of express warranties, common law fraud and negligent misrepresentation.

Garcia is seeking restitution, compensatory damages, actual and/or statutory damages, injunctive relief, pre- and post-judgment interest, attorneys’ fees and other relief deemed appropriate by the court. She has also asked a judge to order Atkins to engage in a corrective advertising campaign.

Garcia is represented by C.K. Lee and Anne Seelig of Lee Litigation Group PLLC.

The Atkins Net Carbs Deception Class Action Lawsuit is Johana Garcia v. Atkins Nutritionals Inc., Case No. 1:17-cv-05232, in the U.S. District Court for the Southern District of New York.

UPDATE August 18, 2017: A 2nd Atkins class action lawsuit has been filed in California, alleging deceitful ‘net carbs’ calculations.