New Whey Class Action Says Label Overstates Liquid Protein Content

New Whey Nutrition LLC is facing a class action lawsuit that accuses it of misrepresenting the protein content of its New Whey Liquid Protein supplements.

Plaintiff Jonathan Lampros filed the New Whey protein supplement class action lawsuit last week in Illinois federal court.

He claims New Whey makes “numerous false and misleading claims” on the labels of its Liquid Protein products.

Lampros accuses the company of misrepresenting the protein content, the sources of the protein content and actual amount of protein contained in the New Whey Liquid Protein supplement.

“Whey is a complete protein source, meaning it contains all the essential amino acids needed to build protein-based compounds such as muscle tissue, skin, fingernails, hair and enzymes,” Lampros says in the protein supplement class action lawsuit.

Lampros claims that sales of whey protein products are expected to grow by 62 percent and reach $7.8 billion by 2018.

“However, due to the high level of competition in the market and the escalating price of wholesale whey protein, sellers’ profit margins are slim,” the New Whey Liquid Protein class action lawsuit states.

According to the protein supplement class action lawsuit, Lampros purchased the New Whey Liquid Protein supplement online from Vitamin Shoppe for about $29.99.

He claims that his attorneys tested the supplement to determine its protein content and discovered that the product contained far less protein than indicated on the label.

Lampros asserts that New Whey cuts manufacturing costs by adding collagen protein isolate to the product, which is not a complete protein with all of the essential amino acids the body needs.

He points to regulations under the federal Food Drug and Cosmetics Act, which require products that include the percent daily value of protein to undergo testing to determine the quality of the protein contained in the product.

Lampros alleges New Whey miscalculates the Daily Value Percentage of protein in the supplement but continues to market its products in a deceptive manner in order to boost its sales and maximize its profits.

The New Whey Liquid Protein class action lawsuit asserts claims for violations of Consumer Fraud Acts in several states, violation of the Illinois Consumer Fraud and Deceptive Business Practices Act, breach of express warranty and unjust enrichment.

Lampros sees to represent a Class of consumers who purchased the New Whey Liquid Protein supplements in the United States.

He also seeks to represent an Illinois subclass as well as a consumer fraud subclass which includes people who purchased the product in California, Florida, Illinois, Massachusetts, Minnesota, Missouri, New Jersey, New York and Washington.

The New Whey class action lawsuit seeks injunctive relief, restitution, disgorgement, compensatory and punitive damages, and other relief deemed appropriate by the court.

Lampros is represented by Klint L. Bruno and Michael L. Silverman of The Bruno Law Firm and Nick Suciu III of Barbat Mansour & Suciu PLLC.

The New Whey Liquid Protein Class Action Lawsuit is Jonathan Lampros v. New Whey Nutrition LLC, Case No. 1:16-cv-09162, in the U.S. District Court for the Northern District of Illinois, Eastern Division.