David Protein class action alleges protein bars contain more calories, fat than advertised

David Protein class action overview:

• Who: Three consumers are suing Linus Technologies Inc., doing business as David Protein.
• Why: The plaintiffs claim the company misrepresents the calories and fat content in its protein bars.
• Where: The David Protein class action lawsuit was filed in New York federal court.

A new class action lawsuit accuses David Protein of misrepresenting the calories and fat content in its protein bars.

Lead plaintiff Daniella Lopez filed the class action complaint against Linus Technologies Inc., doing business as David Protein, on Jan. 23 in New York federal court, alleging violations of state and federal consumer laws.

According to the class action lawsuit, the company’s protein bars are misbranded because they contain significantly more calories and fat than advertised.

The lawsuit claims that David Protein knowingly misled consumers by labeling its products with incorrect nutritional information, causing them to pay a premium for what they believed were low-calorie, low-fat options.

David Protein bars allegedly exceed advertised calories by up to 83%

The class action lawsuit alleges that the protein bars in question, which include flavors like Chocolate Chip Cookie, Cinnamon Roll and Fudge Brownie, exceed the calorie count stated on their labels by up to 83% and the fat content by up to 400%.

The plaintiffs argue that this misrepresentation violates Food and Drug Administration regulations, which require that the nutrient content of food products not exceed the declared value by more than 20%.

The complaint includes test results from an accredited laboratory, which found that the bars contained between 268 and 275 calories per serving, compared to the 150 calories advertised. Similarly, the fat content was found to be between 11 and 13.5 grams per serving, far exceeding the 2 grams stated on the packaging.

The plaintiffs claim that these discrepancies are material to consumers who rely on nutritional information to make informed purchasing decisions. They argue that if the correct information had been provided, they would not have purchased the bars or would have paid less for them.

The David Protein class action lawsuit seeks to represent anyone who purchased the misbranded protein bars in the United States, California, Illinois and New York. 

The plaintiffs are demanding a jury trial and are asking for damages, restitution and injunctive relief to prevent David Protein from continuing to sell misbranded products.

In related news, a California federal judge partially dismissed a lawsuit against PepsiCo over claims the company misled consumers about the sugar and protein content of its Gatorade protein bars.

What do you think of the allegations made in this David Protein class action lawsuit? Let  us know in the comments.

The plaintiffs are represented by Jason P. Sultzer and Daniel Markowitz of Sultzer & Lipari PLLC and Russell M. Busch and Nick Suciu III of Bryson Harris Suciu & Demay PLLC.

The David Protein class action lawsuit is Lopez, et al. v. Linus Technologies Inc., Case No. 1:26-cv-00635, in the U.S. District Court for the Southern District of New York.

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