Trader Joe’s hit with class action alleging misleading probiotic claims

Trader Joe’s class action lawsuit overview:

• Who: Two consumers, plaintiffs Bryan Bibey and Anne Lynn Elkind, filed a class action lawsuit against Trader Joe’s Company.
• Why: The plaintiffs allege the company misrepresents the number of colony forming units (CFUs) in its Advanced Strength Probiotic Dietary Supplement.
• Where: The Trader Joe’s class action lawsuit was filed in California federal court.

Trader Joe’s misrepresents the number of colony forming units in its Advanced Strength Probiotic Dietary Supplement, a new class action lawsuit claims.

Plaintiffs Bryan Bibey and Anne Lynn Elkind filed the class action complaint against Trader Joe’s Company on Oct. 3 in California federal court, alleging violations of state and federal consumer laws.

The class action lawsuit argues Trader Joe’s advertises its Advanced Strength Probiotic Dietary Supplement as containing “30 Billion CFU Per Capsule,” a claim prominently displayed on the product’s packaging.

However, the plaintiffs claim the actual CFU count is significantly lower, rendering the product “worthless” or “materially less” than what consumers paid for.

Trader Joe’s probiotic capsules contain less than 70% of promised CFUs, lawsuit claims

The lawsuit alleges that analytical tests conducted on multiple lots of the product revealed an average CFU count of 8.75 billion, or less than 70% of the promised amount.

The plaintiffs argue that this discrepancy renders Trader Joe’s label claim “patently false,” undermining the product’s intended health benefits for digestive and immune health.

“The results demonstrate that the Product on average contains 8.75 billion or less than 70 % of its promised probiotic CFU, rendering the promise of 30 billion CFU patently false,” the Trader Joe’s class action lawsuit says.

The plaintiffs argue that the alleged misrepresentation allowed Trader Joe’s to sell the product to “hundreds of thousands” of unsuspecting consumers in California and New York, where the lawsuit seeks to represent consumers who purchased the probiotic supplements.

The plaintiffs allege Trader Joe’s violated California and New York consumer protection laws, including breach of warranty, false advertising and unjust enrichment.

They are demanding a jury trial and are seeking damages, restitution and injunctive relief to prevent Trader Joe’s from continuing its allegedly deceptive practices.

In 2024, a consumer filed a class action lawsuit against Trader Joe’s, claiming the company falsely markets its Almost Everything Bagels as gluten-free, with the words “gluten-free” displayed prominently on a large red background, even though the bagels are not.

What do you think of the allegations made in this Trader Joe’s class action lawsuit? Let us know in the comments.

The plaintiffs are represented by Michael D. Braun of Kuzyk Law LLP.

The Trader Joe’s class action lawsuit is Bibey, et al. v. Trader Joe’s Company, Case No. 3:25-cv-08473, in the U.S. District Court for the Northern District of California.

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