Quest Nutrition Class Action Lawsuit Claims Protein Bars Have No White Chocolate

A proposed class action claims the presence of white chocolate in Quest Nutrition protein bars is an illusion created by the manufacturer to sell more products.

Quest Nutrition makes, distributes, markets, labels and sells the Quest White Chocolate Raspberry Protein Bar via third-party retailers such as nutrition stores, convenience stores and grocery stores.

Plaintiff Jenny Jolly of New York says she purchased one of these bars from a Target store earlier this year. In doing so, she relied on information stated and implied on the product label that it contained white chocolate. On that belief, she says she paid a premium price of approximately $3.50 plus tax for the 60-gram bar.

However, greater scrutiny reveals that the product name, depiction and other details on the packaging are reportedly misleading.

A combination of elements gives consumers the impression the protein bars contain white chocolate when in fact they do not, according to the Quest Nutrition class action lawsuit.

“Plaintiff relied on the statements, omissions and representations of defendant, and defendant knew or should have known the falsity of same,” her filing claims. “Plaintiff and class members would not have purchased the product or paid as much if the true facts had been known.”

White chocolate is defined as “the solid or semiplastic food prepared by intimately mixing and grinding cacao fat with one or more of the optional dairy ingredients … and one or more optional nutritive carbohydrate sweeteners.” Cacao fat is also known as cocoa butter.

The protein bars class action lawsuit lists the “dairy ingredients” that may be included in white chocolate: cream, milkfat, butter, milk, dry whole milk, concentrated milk, evaporated milk, sweetened condensed milk, skim milk, concentrated skim milk, evaporated skim milk, sweetened condensed skim milk, nonfat dry milk, concentrated buttermilk, dried buttermilk or malted milk.

These contribute to flavor and texture, the Quest Nutrition class action lawsuit states.

“Nutritive carbohydrate sweeteners” provide sweetness through a carbohydrate source, such as sucrose and corn syrup, according to the filing.

Cocoa butter, the primary element of white chocolate, is listed as an ingredient in the Quest bars. However, the plaintiff maintains, the bars contain neither of the other required components.

The protein bar does contain “milk protein isolate” and “whey protein isolate,” which are not among the acceptable dairy ingredients in a white chocolate product, the filing reports. And its sweeteners ­— erythritol, stevia and sucralose — are neither carbohydrate-based nor nutritive, making them improper for use in white chocolate.

And yet, the Quest class action lawsuit argues, the images and wording used on the product packaging lead consumers to believe the protein bars actually contain white chocolate.

Displayed prominently on the front label are the words “White Chocolate Raspberry” accompanied by images of white chocolate morsels, raspberries and the product itself.

In much smaller type, the word “flavor” is printed next to the word “raspberry,” making it appear that raspberry flavoring may be used instead of real raspberries, the plaintiff states. However, the ingredient list does include real raspberries. This confusing labeling fails to clarify that “flavor” applies to “white chocolate” rather than “raspberry.”

The clear image of real white chocolate morsels with raspberries bolsters the deception, the plaintiff argues, as does the inclusion of cocoa butter in the ingredient list.

“Defendant’s branding and packaging of the Product is designed to — and does — deceive, mislead, and defraud plaintiff and consumers,” the Quest Nutrition class action states. “Defendant sold more of the Product and at higher prices than it would have in the absence of this misconduct, resulting in additional profits at the expense of consumers like plaintiff.”

Jolly is seeking the court’s certification of a plaintiff Class comprising all purchasers of the product who resided in New York state during the applicable statutes of limitations.

Jolly is claiming consumer protection violations under New York General Business Law; negligent misrepresentation; breaches of express warranty, implied warranty of merchantability and the Magnuson Moss Warranty Act; fraud; and unjust enrichment.

On behalf of herself and other putative Class Members, she is seeking court injunctions directing Quest to stop the alleged illegal practices, to change its methods to comply with the law and to provide restitution. In addition, she is seeking court costs, monetary damages and other relief as determined by the court.

Have you purchased Quest Nutrition White Chocolate Raspberry Protein Bars? Share your experience in the comment section below.

Jolly and the proposed Class Members are represented by Spencer Sheehan of Sheehan & Associates PC.

The Quest Nutrition Class Action Lawsuit is Jenny Jolly, et al. v. Quest Nutrition LLC, Case No. 7:20-cv-05125, in the U.S. District Court for the Southern District of New York.

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