$9M Settlement Reached in Premier Protein Shake Class Action

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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.

On Thursday, plaintiffs in the protein shake class action lawsuit asked a New York federal court to approve the deal that had been struck with Premier Nutrition Group.

The plaintiffs also sought conditional certification of their Class of consumers who had purchased protein shakes from the company.

Plaintiff Joseph Gregorio stated that he felt that the settlement deal was favorable and expressed that it would be preferable to pursuing “complex, costly, and long” litigation that may not be successful for consumers. 

Originally, the proposed settlement deal was to set up a $9 million hybrid fund that would incorporate both cash and vouchers for Class Members. This version of the settlement deal was granted preliminary approval in July.

However, after Premier discovered that the cost of identifying and notifying Class Members was too great, they moved to change the settlement deal to just a cash fund, as is its current iteration.

The Premier Nutrition Corporation class action lawsuit was filed by Joseph Gregorio in August 2017. He claimed that the company’s pre-made protein shakes fell short of their advertised protein content.

He says that though the shakes are advertised to contain 30 grams of protein, they contain only between 26.9 and 28.3 grams of protein each. Gregorio says he made this determination after his attorneys conducted independent testing of the shakes.

Gregorio claims that as a result of the alleged protein deficiency, the labels for the products are misleading.

After the protein shake class action lawsuit was filed, Gregorio’s attorneys worked with the company’s lawyers to come up with a settlement deal. The protein shake class action settlement was reached over private mediation.

Under the proposed protein shake class action settlement, Gregorio will receive $5,000 for his role as lead plaintiff, and other consumers will be eligible for up to $40 each with proof of purchase or $20 each without proof of purchase.

Per the agreements made for the settlement deal, if the deal is approved, Premier Nutrition Group will be required to reevaluate its protein shake formula and manufacturing specifications, and will be required to work with co-manufacturers to ensure that the protein shakes have protein contents as close as possible to their advertised protein contents.

Top Class Actions will post updates to this class action settlement as they become available. For the latest updates, keep checking TopClassActions.com or sign up for our free newsletter. You can also receive notifications when this article is updated by using your free Top Class Actions account and clicking the “Follow Article” button at the top of the post.

Gregorio is represented by Joseph I. Marchese, Philip L. Fraietta, L. Timothy Fisher and Fredrick J. Klorczyk III of Bursor & Fisher PA, Nick Suciu III of Barbat Mansour & Suciu PLLC and Anne Barker of Consumer Law Group PC.

The Premier Nutrition Corporation Protein Shakes Class Action Lawsuit is Gregorio v. Premier Nutrition Corp., Case No. 1:17-cv-05987, in the U.S. District Court for the Southern District of New York.

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

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UPDATE 3: 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!