Class Action Says Premier Protein Lacks Stated Amount of Protein

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The makers of Premier Protein products were hit with a class action lawsuit alleging the drinks contain less protein than advertised.

Lead plaintiff Joseph Gregorio alleges in his class action lawsuit that defendant Premier Nutrition Corp. says its protein drink contains 30 grams of protein. But independent testing allegedly shows the product actually contains between 5 and 2 grams less. The plaintiff further alleges that the other products in the Premier Protein line, like protein bars, also contain less protein than advertised.

According to the Premier Protein class action lawsuit, Gregorio purchased Premier Protein drinks from a Walmart in New York in 2016. He says that the label on the product represented that the drink contained 30 grams of protein. However, testing showed that the product did not contain that much protein.

The plaintiff explains that Premier Nutrition Corp., the makers of Premier Protein products, use supplements to add specific amounts of protein to products, including Milk Protein Concentrate, Calcium Caseinate, and Whey Protein Concentrate. “These protein sources differ from raw milk because they are processed to include a higher concentration of protein and remove much of the fats and carbohydrates traditionally found in milk and other naturally occurring beverages,” explains the plaintiff in the class action complaint.

“The protein sources used in the Products allow Defendant to add precise amounts of protein into the Products. Thus, the type of concentrated protein within the Products are particularly prized,” alleges the class action.

The plaintiff says that he would never have purchased or paid as much as he did for the Premier Protein drinks he bought if he had known they didn’t have the 30 grams of protein advertised on the label. He points out that the ready-to-drink protein product “plainly states” that it is fortified with 30 grams of protein.

A picture of the product in the class action complaint shows the drink’s label with “30 g Protein” highlighted in red on a white background. Additionally, the plaintiff alleges that he carefully checked the nutritional labeling to confirm the product had the 30 grams of promised protein.

According to the false advertising class action lawsuit, by mislabeling Premier Protein products, Premier Nutrition Corp. is in violation of a host of state consumer fraud acts, New York advertising law, and federal warranty law. Further, alleges the plaintiff, Premier Nutrition Corp. has breached express warranties made to consumers and committed fraud.

Gregorio seeks to represent a nationwide Class of consumers who purchased Premier Protein products, as well as subclasses from California, Florida, Illinois, Massachusetts, Michigan, Minnesota, Missouri, New Jersey, New York, and Washington.

The plaintiff is seeking damages and restitution as well as disgorgement by Premier Nutrition Corp. of its allegedly ill-gotten gains from the mislabeling of the protein products.

Gregorio, is represented by Philip L. Fraietta and Frederick J. Klorczyk III of Burson & Fisher, P.A., Nick Suciu of Barbat, Mansour & Suciu PLLC, and Anne Barker of Consumer Law Group PC.

The Premier Protein Mislabeling Class Action Lawsuit is Joseph Gregorio v. Premier Nutrition Corporation, Case No. 1:17-cv-05987-AT in the United States District Court for the Southern District of New York.

UPDATE: On Sept. 13, 2018, consumers have reached a $9 million settlement with Premier Nutrition Corporation, the makers of Power Bar, ending their class action lawsuit claiming that the protein content in the company’s protein shakes is falsely advertised.

UPDATE 2: October 2018, the Premier Protein Ready-To-Drink Shake class action settlement is now open. Click here to file a claim.

UPDATE 3: On Jan. 17, 2019, The Premier Protein Ready-To-Drink Shake Class Action Settlement was granted final approval. Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.

UPDATE 4: On March 29, 2019, Top Class Actions viewers started receiving settlement checks worth up to $17.20 from the Premier Protein shake class action settlement. Congratulations to everyone who filed a valid claim and got PAID!