Planet Oat class action alleges oat milk lacks vitamin D, contrary to advertising

Planet Oat class action lawsuit overview:

• Who: Plaintiff Theo LaBrusciano-Carris filed a class action lawsuit against HP Hood LLC, doing business as Planet Oat.
• Why: LaBrusciano-Carris claims Planet Oat misrepresents that its original oat milk product contains vitamin D. 
• Where: The class action lawsuit was filed in California federal court.

A new class action lawsuit alleges Planet Oat misrepresents the amount of vitamin D in its original oat milk product.

Plaintiff Theo LaBrusciano-Carris claims Planet Oat misleads consumers by claiming its original oat milk contains 4 micrograms of vitamin D per serving when, in reality, it contains none.

LaBrusciano-Carris argues independent testing conducted by an accredited laboratory found the product contains zero micrograms of vitamin D per serving, contradicting the company’s claims on the product label.

“Defendant failed to accurately fill the Products with the correct amount of vitamin D as listed on the nutritional label and failed to accurately state the amount of vitamin D in the Products,” the Planet Oat class action says. 

LaBrusciano-Carris wants to represent a nationwide class and California subclass of consumers who purchased the allegedly mislabeled Planet Oat oat milk product and all substantially similar products for personal or household use. 

Planet Oak labeling misleads consumers, class action claims

LaBrusciano-Carris argues Planet Oat’s labeling misleads consumers into believing they are getting 20% of their daily value of vitamin D from a single serving of the oat milk.

As a result, LaBrusciano-Carris claims he would not have purchased the product, or would have paid less for it, had he known the true vitamin D content.

“Plaintiff relied on this representation and warranty in deciding to purchase the Product,” the Planet Oat class action says. 

LaBrusciano-Carris claims Planet Oat is guilty of breach of express warranty and unjust enrichment and in violation of California’s False Advertising Law, Unfair Competition Law and Consumer Legal Remedies Act.

The plaintiff demands a jury trial and requests declaratory and injunctive relief and an award of compensatory, statutory and punitive damages for himself and all class members. 

A consumer filed a similar class action lawsuit against Naked Whey Inc. earlier this year over claims the company falsely advertises its Naked Nutrition vegan protein powder products.

Have you ever purchased Planet Oat oat milk products? Let us know in the comments.

The plaintiff is represented by L. Timothy Fisher, Daniel S. Guerra, Ines Diaz Villafana, Joshua B. Glatt and Joshua R. Wilner of Bursor & Fisher PA.

The Planet Oat class action lawsuit is LaBrusciano-Carris, et al. v. HP Hood LLC, Case No. 3:25-cv-09637, in the U.S. District Court for the Northern District of California.

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