Optimum Nutrition Essential Energy Powder Supplements
Allegations: Misleadingly using slack-filled containers
Brand et al. v. SlimFast Foods Co.
22-cv-392, S.D. Cal.
(March 2022)
Keto Fat Bomb
Misleadingly marketing the product as having “Zero Added Sugar” when it is not low or reduced in calories, in violation of federal regulations
Failing to include a disclaimer that the product is not for weight control, as required by federal regulations when a product is marketed as having no sugar but is not low in calories
Dismissed When a complaint is dismissed without prejudice, an amended version of the complaint can be refiled.
Allegations: Misleadingly using slack-filled containers
Allegations: Falsely marketing products as containing no artificial sweeteners
Allegations: Falsely marketing products that products are natural and contain more calories than advertised
Allegations: Falsely marketing that foods do not contain any genetically modified ingredients (GMOs)
Allegations: Falsely marketing that products are “clinically proven” to help consumers “lose weight & keep it off” when scientific evidence does not support such claims
In August 2019, a class-action lawsuit was filed against Glanbia Performance Nutrition for allegedly misleadingly marketing that the flavoring ingredient in ThinkThin and Think! oatmeal cups and packets is vanilla…
Brands named in litigation include SlimFast, Silk and Beyond Meat, among others.
Recent inquiry takes aim at company’s “clinically proven” weight-loss claims, with a somewhat surprising result.
NAD decision takes aim at advertising “formatted as editorial content.”