RXBAR Class Action Challenges ‘No Bad Stuff’ Label Claims

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A class action lawsuit claims that RXBAR protein bars’ labels are misleading and that the product is not as natural as it is advertised to be.

Plaintiff Michael Pizzirusso says he purchased an RXBAR in New York state, choosing the bar because the label indicated that the product contained only natural ingredients and “no bad stuff.”

Allegedly, the product’s actual ingredients are not whole and natural as advertised.

The RXBAR class action lawsuit claims that the Chicago Bar Company, the makers of the RXBAR, intentionally misrepresents the RXBAR as containing more natural ingredients to entice consumers into buying the product.

Pizzirusso says he was financially injured by the Chicago Bar Company because he would not have purchased the RXBAR, or would not have paid as much for it, had he known that it was not all natural as it was advertised.

He seeks damages for himself and for all similarly affected consumers.

The RXBAR class action lawsuit states that both the RXBAR and the RXBAR kids protein bars contain a vertical list of ingredients on the front of the bar, and a statement that the bars contain “no B.S.” and “no bad stuff,” respectively.

Pizziruso claims that based on the ingredient list and the statement that the products contain no undesirable ingredients, “the [Chicago Bar Company’s] marketing message is built around the promotion of ‘real’ ingredients and alludes to other companies that ‘hide’ unfavorable or artificial ingredients deep in their ingredient list on the back of the package.”

The RXBAR protein bar class action lawsuit alleges that this marketing implies that the bars contain no more and no less than what is listed on the front of the package in the ingredient list. However, the RXBAR false advertising class action lawsuit claims that this is not the case and that the ingredients are not simply what is listed.

Pizziruso says that although the label states that the product contains egg whites, the product only contains some egg protein powder, not the entire egg white, as is implied by the label.

He claims that a reasonable consumer would assume that a product advertised to contain “3 egg whites,” as the RXBARs are, would contain three whole egg whites, not merely components and proteins of egg whites.

Pizziruso says the company intentionally did not include the wording “egg white protein powder” on the label because consumers would not be attracted to that wording.

The RXBAR label class action lawsuit states that consumers are more likely to buy “natural” and “wholesome” foods rather than other foods, and the Chicago Bar Company knows this.

Allegedly, the company knew that consumers would be less likely to see the wording “egg white protein powder” as compatible with a “whole and natural” product and would be less likely to buy the product.

Similarly, the Chicago Bar Company false advertising class action lawsuit claims that though the bars advertise that they are “made with real fruit,” they contain apple juice concentrate.

Allegedly, the company intentionally omitted including the fact that the bars are made with fruit juice concentrate because concentrate is seen as less natural and desirable than fresh-pressed juice.

Pizzaruso is represented by Joshua Levin-Epstein of Levin-Epstein & Associates PC, and Spencer Sheehan of Sheehan & Associates PC.

The RXBAR Misleading Label Class Action Lawsuit is Michael Pizzirusso v. Chicago Bar Company LLC, Case 1:18-cv-03529, in the U.S. District Court for the Eastern District of New York.