Atkins Hit With 2nd Class Action Over ‘Net Carb’ Claims

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Atkins Nutritionals, Inc. makes “net carb” claims on its food packaging, but a class action plaintiff alleges that the company deceives consumers by failing to include sugar alcohol in that calculation.

Lead plaintiff Cheryl Fernandez alleges in her class action lawsuit filed in California that she and other consumers were deceived by Atkins’s claims about the “net carbs” contained in its food-like products. Atkins, says the plaintiff, fails to account for sugar alcohols, which affect blood sugar levels.

“Simply put,” contends the class action complaint, “the calculation that Atkins employs is wrong, meaning that the labeling and representations regarding net carbs also are wrong. Atkins conceals these facts from consumers in violation of California law.”

The plaintiff says that she and others purchased Atkins products because of the “net carbs” designation on the packaging. The plaintiff says the following products contain misleading statements about “net carbs”: Chocolate Coconut Bar; Peanut Butter Cups; Dark Chocolate Almond Coconut Crunch Bar; Chocolate Peanut Candies; Caramel Double Chocolate Crunch Bar; and Dark Chocolate Decadence Bar.

“All of these products contain sugar alcohols (including maltitol),” says the class action, “and the net carbs on each product wrongfully omit sugar alcohols from their calculation.”

This is the second class action recently to challenge Atkins over its net carb claims. In July, a class action was filed in New York alleging a man was deceived by Atkins’s net carb claims and argued that sugar alcohols maltitol and maltitol syrup impact blood sugar levels and should be communicated to consumers.

According to the California class action lawsuit, brand founder Dr. Atkins originally banned the use of artificial sweeteners under the Atkins diet that became popular in the late 1990s. However, says the plaintiff, the prohibition on sweeteners was revised by Atkins once a lucrative product line was developed using the chemical sugar alternatives.

“Contrary to Atkins’s claims, the authoritative scientific research on sugar alcohols, particularly maltitol, shows that they continue to have a significant impact on blood sugar levels,” alleges the plaintiff, citing the Diabetes Teaching Center and a doctor from the Mayo clinic who warn against being fooled by claims that sugar alcohols do not contain carbohydrates.

According to the class action lawsuit, “no independent scientist, doctor, or researcher agrees with Atkins’s assertion that maltitol and other sugar alcohols have a net energy value of zero.”

“Atkins conceals this fact from consumers,” alleges the plaintiff, “and does not disclose this fact in its labeling or representations to consumers.”

The term “net carb” misleads consumers as well, claims the class action, pointing out that the Food and Drug Administration does not regulate the phrase. Atkins itself said it would stop using the term “net carbs” in 2004, but still uses it on product packaging, alleges the plaintiff.

The plaintiff seeks to represent residents of California who have purchased Atkins’s products in California that contained sugar alcohols and were labeled with the allegedly deceptive “net carbs” calculation.

The plaintiff is seeking damages, including punitive damages, and a disgorgement or restitution by Adkins to class members.

The lead plaintiff is represented by Matthew L. Dameron of Williams Dirks Dameron LLC, Deborah Rosenthal of Simmons Hanly Conroy, and Jason “Jay” Barnes of Barnes & Associates.

This Atkins Net Carbs Deception Class Action Lawsuit is Fernandez v. Atkins Nutritionals Inc., et al., Case No. 3:17-cv-01628-GPC-WVG in the United States District Court for the Southern District of California.

UPDATE: January 2020, the Atkins net carbs class action settlement is now open. Click here to file a claim.