One Protein Bar Sugar Content Class Action Tossed

A New York federal court judge has thrown out a proposed class action lawsuit from a consumer claiming One protein bars labels mislead the public.

The judge’s opinion states that Joel Melendez states that the label on the defendant’s One Bars claim to have only one gram of sugar and 20 grams of protein, but Melendez says these statements are false and misleading.

Melendez alleges that independent laboratory testing determined that the One Bars actually contain 5.2 grams of sugar per 60 gram bar and not one gram, as stated on the label. He argues when consumers see “1 gram of sugar” on the label of the bar, they assume that the product is low in sugar as well as low in calories and carbohydrates.

The plaintiff argues that these bars are sold at a premium price of no less than $3.99 per bar, compared to other products that are marketed and labeled in a non-misleading way.

According to the court, One Brands filed a motion to dismiss on three counts: 1) Melendez does not have standing to pursue non-New York causes of action, 2) Melendez’s claims are preempted by federal law, and 3) Melendez fails to state a claim for each of his causes of action.

In his order, the judge opined that the testing Melendez provides that proves that the bars contains more sugar than advertised did not follow the methodology set down by the Food and Drug Administration. 

Melendez filed his class action lawsuit in November 2018, claiming that the defendant sells its products under the brands “One Bar” and “One Basix.” In addition, the bars reportedly come in four varieties: Cinnamon Roll, Birthday Cake, Cookies and Cream and Maple Glazed Donut.

The plaintiff argues the claims on the label of One bars are misleading because they give the impression that the bars are low in carbohydrates.  

“Reasonable consumers who purchase the Products seek out high protein snack foods which are also low in carbohydrates, since this is believed to be a way to increase satiety, build muscle and not consume excess calories,” claimed the One Brands class action lawsuit.

The plaintiff says when consumers look at the product’s front label which highlights 20 grams of protein and one gram of sugar, they could believe that the bars are lower in carbohydrates than they actually are.

In actuality, the bars reportedly have 23 grams of carbohydrates which are indicated on the nutrition facts label of the bar, a higher amount than what reasonable customers would expect, given that the front label of the bar states that it has one gram of sugar.

The One Brands class action lawsuit also claimed that front of package labeling has been proven to be more effective in influencing consumers’ decisions to purchase a particular product, especially “on-the-go-foods” such as protein bars.

“Since the labels are being so ‘transparent’ by listing the sugar upfront, it is not conceivable to the consumer that the total carbohydrates would be as high as they are, given the only one gram of sugar,” the plaintiff argued in his class action lawsuit.

Melendez states the defendant’s intent in making these claims was to take advantage of the consumers’ “cognitive shortcuts” and the “conflation” that occurs between carbohydrates and sugar and how the protein to carbohydrate ratios are important to consumers.

“Defendant obtained benefits and monies because the Products were not as represented, to the detriment and impoverishment of plaintiff and class members, who seek restitution and disgorgement of such inequitably obtained profits,” alleges the One Bar class action lawsuit.

The judge notes that Melendez brought his claims along with “John & Jane Doe” who are “citizens of the other 49 states.” The judge opines that other than Melendez from New York, the class action lawsuit lists no named plaintiffs from any other states.

The judge also says that the true identities of Jane & John Doe are not fully known and that the allegations for the other states serve as a placeholder upon joinder or amendment.

“Allegations made on behalf of individuals whom Melendez hopes will join the lawsuit are insufficient to establish standing. Consequently, the John and Jane Doe claims asserted on behalf of the 49 non-New York subclasses are dismissed. The only claims at issue in this case are therefore the New York claims,” writes the judge.

Did you purchase One Bars thinking they were low in sugar? Leave a message in the comments section below.

The plaintiff in the One Bar class action lawsuit is represented by Spencer Sheehan of Sheehan & Associates PC and Joshua Levin-Epstein of Levin-Epstein & Associates PC.

The One Bar Carbohydrates Class Action Lawsuit is Jose Melendez v. One Brands LLC, Case No. 1:18-cv-06650, in the U.S. District Court for the Eastern District of New York.

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