Nestle Carnation class action alleges product misrepresents protein content

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Nestle Carnation class action lawsuit overview:

• Who: Plaintiff Anna Benzin has filed a class action lawsuit against Nestle Healthcare Nutrition Inc.
• Why: She says Nestle misrepresents the amount of protein contained in its Carnation Breakfast Essentials product.
• Where: The Nestle Carnation class action lawsuit was filed in New York federal court.

Nestle Healthcare Nutrition Inc. misrepresents the amount of protein contained in its Carnation Breakfast Essentials product, according to a Nestle Carnation class action lawsuit.

Plaintiff Anna Benzin alleges she wants to consume more protein in her diet and chose to purchase Carnation Breakfast Essentials because she saw “13g Protein” prominently stated on the label.

Benzin understood that the Carnation protein product was a drink mix but believed that a serving would contain at least 13 grams of protein no matter what it was mixed with, the Nestle Carnation class action lawsuit says.

Nestle Carnation class action says product contains only 5g of protein

In smaller print, the Carnation label reportedly reveals that the 13 grams of protein is available “Per Prepared Serving.” The lower right corner of the front label says in small lower case print: “just add milk.”

Another prominent statement on the Carnation label indicates the product contains “3x vitamin D vs. milk,” a statement that leads consumers to believe they do not need to add milk to get the benefits prominently stated on the front label, the Nestle Carnation protein class action lawsuit alleges.

“Only if consumers scrutinize the back of the package will they see the Product they bought has 5g of protein or 38% of the 13g promoted on the front label, revealed on the last line of the main box of the Nutrition Facts,” the Nestle Carnation class action lawsuit states.

Benzin says that there are two columns in the Nutrition Facts box. The first represents “Powder” and the second represents the product “As Prepared.” However, the package allegedly fails to provide any preparation instructions that would provide consumers with 13g of protein, the Nestle Carnation class action says. 

The package does not indicate how much or what type of milk to add, Benzin claims.

She says Nestle misleads consumers about the product’s protein content and sells the product at a premium price based on the alleged misrepresentations. 

Benzin also says she paid a higher price for the Carnation protein mix than she would have without Nestle’s alleged false and misleading statements about the product’s health benefits.

The Nestle Carnation class action lawsuit asserts claims for violations of various state consumer fraud acts, breach of warranty, fraud and unjust enrichment.

In related news, the makers of Slim Fast, Perfect Bar and Beyond Meat also face allegations that they misrepresented the amount of protein contained in the products.

Do you think the Carnation protein content statements are misleading? Join the discussion in the comments!

Benzin is represented by Spencer Sheehan of Sheehan & Associates PC and James Chung of Law Office of James Chung.

The Nestle Carnation class action lawsuit is Anna Benzin v. Nestle Healthcare Nutrition Inc., Case No. 1:22-cv-00747, in the U.S. District Court for the Western District of New York, Buffalo Division.

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