Snickers Protein Bar Class Action Challenges Testing Methodology

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Last week, Mars Wrigley Confectionery US LLC was hit with a class action lawsuit alleging it misrepresents the nature and quality of its Snickers Protein Bars.

Plaintiffs Miguel Alejandro and Fausto Fernos, both of whom reside in Illinois, claim that Mars Wrigley does not comply with federal and state law regarding the testing methodology of the protein and daily value percentage associated with its Snicker Protein Bars.

The Snickers Protein Bars reportedly include a claim on the front label indicating they contain “18G PROTEIN.” Because it includes a protein reference on the label, the Snickers Protein Bars are required to have the Daily Reference Value listed in the Nutritional Facts section, the Snickers Protein Bar class action lawsuit says.

However, some Snickers Protein Bars do not include a DRV for protein as required by state and federal law, the plaintiffs claim. Other Snickers Protein Bars include a DRV for protein, but it’s incorrectly stated as 36 percent–an artificially inflated amount, the plaintiffs allege.

According to the Snickers Protein Bar class action lawsuit, the federal Food, Drug and Cosmetic Act requires specific testing for products that make a “protein claim,” including the Snickers Protein Bar.

The required testing methodology is called the protein digestibility-corrected amino acid score (PDCAAS), which reportedly measures the quality of the protein included in a product. The PDCAAS method involves a specific calculation that requires the manufacturer to determine the amount of essential amino acids a product contains.

Common protein supplements such as whey receive a 1.0 score from the PDCAAS test, which indicates maximum amino acid digestibility, the Snickers class action says. Collagen protein, which is listed as an ingredient on the Snickers Protein Bar labels, has a PDCAAS score of 0, the Snickers class action lawsuit alleges.

Alejandro and Fernos claim that the defendant knows that it is miscalculating the amount of protein in its Snickers Protein Bars and that overstating the protein content is misleading to consumers. However, the Snickers class action lawsuit says the defendant continues to manufacture, advertise, distribute and sell the products in a misleading manner to boost its sales.

“Accordingly, Defendant’s consumers pay an inflated price for the Snickers Protein Bars, which deliver less actual and quality protein than they reasonably expect to receive,” the Snickers class action lawsuit says.

Alejandro and Fernos filed the Snickers class action lawsuit on behalf of themselves and a proposed Class of consumers who purchased Snickers Protein Bars in Illinois in the last three years.

The Snickers Protein Bar class action lawsuit asserts claims for unjust enrichment and for violations of the Illinois Consumer Fraud and Deceptive Practices Act. The plaintiffs are seeking restitution, damages, attorneys’ fees, costs, and other relief the court deems proper.

Alejandro and Fernos are represented by Ryan F. Stephan, James P. Zouras and Haley R. Jenkins of Stephen Zouras LLP and Brandon M. Wise and Paul A. Lesko of Peiffer Rosca Wolf.

The Snickers Protein Bar Class Action Lawsuit is Miguel Alejandro, et al. v. Mars Wrigley Confectionery US LLC, Case No. 2018CH04339, in the Circuit Court of Cook County, Illinois.