Nestlé class action claims Carnation Breakfast Essentials contain more sugar than protein

Nestlé class action lawsuit overview:

• Who: Plaintiff Eric Testori filed a class action lawsuit against Nestlé Health Science US Holdings Inc.
• Why: Testori claims Nestlé misrepresents the nutritional value of its Carnation Breakfast Essentials Nutritional Drink Classic French Vanilla.
• Where: The class action lawsuit was filed in California federal court.

Nestlé misrepresents the nutritional value of its Carnation Breakfast Essentials Nutritional Drink Classic French Vanilla by concealing the fact that it contains more sugar than protein, according to a class action lawsuit.

Plaintiff Eric Testori’s class action lawsuit claims Nestlé advertises the product as a “nutritional drink” that contains 10 grams of protein per serving, while concealing that it is primarily composed of sugar and water.

Testori argues Nestle’s Carnation Breakfast Essentials Nutritional Drink Classic French Vanilla contains 10 grams of protein but also delivers 12 grams of sugar per serving, which he claims is 24% of the recommended daily value for added sugars.

“A product whose first two ingredients are water and glucose, and which delivers a higher concentration of sugar than protein, is not a nutritional ‘breakfast essential,’” Testori claims.

Testori wants to represent a California class of consumers who purchased the product. He accuses Nestlé of violating California’s Consumers Legal Remedies Act, False Advertising Law and Unfair Competition Law and of fraud and unjust enrichment.

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

Nestlé’s marketing misleads consumers about product’s true nutritional value, class action alleges

Testori argues that Nestlé’s marketing of the product exploits consumers’ interest in protein and health while downplaying its true composition as a sweetened beverage primarily made of water and sugar.

Testori argues Nestlé’s marketing of the product as a protein-rich “Breakfast Essential” misrepresents its true nutritional profile and deceives consumers seeking protein and balanced nutrition.

“Defendant’s labeling is nevertheless unlawful and misleading,” the class action lawsuit alleges. “FDA regulations prohibit nutrient content claims that are presented in a manner that misleads consumers about the product’s overall nutritional value.”

In other deceptive labeling claims against Nestle, a U.S. district judge ruled that plaintiffs in a proposed class action lawsuit had sufficiently alleged that the labeling of Nestlé’s Boost Glucose Control drink tricked buyers into thinking the beverage can treat diabetes.

Have you purchased Carnation Breakfast Essentials Nutritional Drink Classic French Vanilla? Let us know in the comments.

The plaintiff is represented by Mark D. Potter, James M. Treglio, Cara Townsend, Isabel Rose Masanque and Bree Durso of Potter Handy LLP.

The Nestlé class action lawsuit is Testori v. Nestlé Health Science US Holdings Inc., Case No. 1:25-at-00905, in the U.S. District Court for the Eastern District of California.

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