MUSH Foods class action lawsuit overview:
- Who: A consumer filed a class action lawsuit against MUSH Foods Inc.
- Why: The plaintiff alleges the company misrepresents the amount of protein in its overnight oats products.
- Where: The MUSH Foods class action was filed in California federal court.
A new class action lawsuit alleges MUSH Foods misrepresents the amount of protein in its overnight oats products.
Plaintiff Dimitra Charalampopoulou filed the class action complaint against MUSH Foods on Aug. 29 in California federal court, alleging violations of state and federal consumer laws.
According to the class action lawsuit, MUSH Foods markets its protein overnight oats as containing 15 grams of protein per serving but fails to disclose that the protein is of lower quality and less digestible than animal-based protein.
The lawsuit says that MUSH Foods’ oats are made from plant-based ingredients, such as oats and peanuts, which have lower protein quality scores than whey or meat. The company allegedly does not include the percent daily value (%DV) of protein on the nutrition facts panel, which would show the adjusted amount after accounting for the plant-based origin.
The class action lawsuit claims that consumers are misled into believing they are getting more protein than they actually are, and that they pay a premium for the products as a result.
MUSH Foods’ protein claims are unlawful, plaintiff alleges
Charalampopoulou argues she regularly checks the nutrition facts panel before buying any protein supplement and relied on the 15 grams of protein claim when purchasing MUSH Foods’ oats. She says she would not have bought the products, or would have paid less, if she had known the true protein content.
Charalampopoulou seeks to represent a nationwide class of consumers who purchased MUSH overnight oats. She also seeks to represent a subclass of consumers in California.
The MUSH class action lawsuit alleges violations of California’s False Advertising Law, Consumers Legal Remedies Act and Unfair Competition Law and for unjust enrichment and breach of express warranty. The plaintiff is seeking certification of the class action, damages, restitution, injunctive relief and a jury trial.
Meanwhile, Quaker Oats recently faced a class action lawsuit alleging it sells oat-based products with dangerously high levels of the pesticide chlormequat.
What do you think of the allegations in this MUSH Foods class action? Let us know in the comments.
The plaintiff is represented by Adrian Gucovschi and Nathaniel Haim Sari of Gucovschi Rozenshteyn PLLC.
The MUSH Foods class action lawsuit is Charalampopoulou v. MUSH Foods Inc., Case No. 5:25-cv-07316, in the U.S. District Court for the Northern District of California.
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