
CATrends: Nutriwashing
Lawsuits allege foods and beverages aren’t as healthy as you might think.
March 2020: A federal judge dismissed this case without leave to amend. The judge dismissed false advertising claims concluding that consumers would not be misled because the back panel lists the actual amount of calories and carbohydrates in the bars. Other claims were dismissed for being preempted by federal law, for lack of standing, and for failure to state a claim upon which relief could be granted.
May 2019: Plaintiffs filed an amended complaint that adds more flavors of bars to the products at issue and alleges that:
November 2018: A class-action lawsuit was filed against One Brands for allegedly misleadingly marketing One Bar and One Basix nutrition bars in a way that gives consumers the impression that the bars are high in protein and low in carbohydrates by highlighting that they contain 20 grams of protein and 1 gram of sugar when, according to plaintiffs, sugar is only one component of carbohydrates and the bars actually contain a total of 23 grams of carbohydrates, which plaintiffs claim is more than consumers would reasonably expect products with 1 gram of sugar to contain. (Melendez et al v. One Brands, LLC, Case No. 18-cv-6650, E.D.N.Y.)
Lawsuits allege foods and beverages aren’t as healthy as you might think.
Herb Weisbaum, The ConsumerMan, Consumers’ Checkbook
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