PEScience class action says Select Vegan Plant Protein Powder falls short on protein

PEScience class action lawsuit overview:

• Who: Plaintiff Katie Melara filed a class action lawsuit against PEScience LLC.
• Why: Melara argues PEScience misleads consumers about the protein content of its Select Vegan Plant Protein Powder.
• Where: The class action lawsuit was filed in a California federal court.

A new class action lawsuit accuses sports nutrition company PEScience of misleading consumers about the protein content of its Select Vegan Plant Protein Powder.

Plaintiff Katie Melara alleges PEScience makes deceptive protein claims on the front label of the protein powder product and provides an incorrect percentage for the recommended daily value of protein contained in each serving. 

Melara says the protein powder’s label states that it contains 20 grams of protein per serving when, she claims, the actual amount of protein available to support human nutritional requirements is less than that. 

“Ensuring that she eats at least the Recommended Daily Value of protein—and more generally that she is able to accurately track her protein intake—is important to (plaintiff),” the PEScience Select vegan protein class action says. 

Melara wants to represent a class of consumers who purchased PEScience Select Vegan Plant Protein Powder in California within the past four years.

Class action alleges PEScience protein powder contains lower-quality protein

Melara argues the protein sources used in the protein powder are pea and rice protein, which she claims have a significantly lower protein digestibility-corrected amino acid score (PDCAAS) than animal-derived proteins. 

U.S. Food and Drug Administration regulations, meanwhile, require manufacturers to report a PDCAAS-corrected percentage of daily recommended value of protein in the nutrition facts panel if a product makes a protein claim outside of the panel, according to the PEScience class action. 

Melara claims PEScience failed to do this, causing consumers to think they were receiving more high-quality protein than they actually were.

“Labels are the chief means by which food product manufacturers convey critical information to consumers, and consumers have been conditioned to rely on the accuracy of the claims made on these labels,” the PEScience Select vegan protein class action says. 

Melara claims PEScience is guilty of unjust enrichment and breach of express warranty, and of violating California’s Consumer Legal Remedies Act. 

The plaintiff demands a jury trial and requests declaratory and injunctive relief and an award of actual and other damages for herself and all class members. 

A pair of consumers filed a similar class action lawsuit against Orgain LLC and Nestle Health Science U.S. Holdings in October 2023 over claims the companies misrepresented the amount of grass-fed protein in Orgain protein products.

Beyond Meat also agreed last year to pay $7.5 million to end claims the food company overstated the protein content and quality of its products.

Have you ever bought PEScience Select Vegan Plant Protein Powder? Tell us your thoughts in the comments.

The plaintiff is represented by Charles C. Weller of Charles C. Weller, APC. 

The PEScience class action lawsuit is Melara et al. v. PEScience LLC, Case No. 2:25-cv-01014 in the U.S. District Court for the Central District of California.

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