A class action lawsuit has been filed against Premier Nutrition Corporation alleging it misrepresented the amount of protein contained in its “Premier Protein” branded ready-to-drink protein products and protein bars.
New York plaintiff Joseph Gregorio alleges in the protein spiking lawsuit that Premier Protein products were marketed in a misleading manner by stating that there are particular amounts of protein inside the products that are not actually there. The class action lawsuit argues that the plaintiff and similarly situated consumers sustained injuries as a result of the unfair, false, misleading, fraudulent and deceptive practices carried out by the company, leading consumers to believe that the products were labelled accurately.
The Protein Spiking Lawsuit Allegations
Gregorio alleges that he purchased a Premier Protein ready-to-drink product from Wal-Mart that prominently displayed on the label that it contained 30 grams of protein. Gregorio asserts that he purchased the product based on this representation.
However, according to the protein spiking lawsuit, testing commissioned by Gregorio’s attorneys showed that the read-to-drink products only contained between 26.9 grams and 28.34 grams of protein. The same alleged mislabeling occurred on defendant’s Protein Bar product, on both the front of the product packaging and in the Nutrition Facts session, the protein spiking lawsuit states.
The proposed class action lawsuit asserts that consumers were misled by the product packaging and that this is a violation of consumer protection laws that prohibit deceptive, unfair and unconscionable acts in the conduct of commerce or trade.
Consumers Protected From False Advertising
Consumer protection laws are designed to prevent companies from tricking consumers into purchasing products using false, deceptive, or misleading claims. Consumers who were misled into purchasing a deceptively advertised product may be eligible to file a false advertising class action lawsuit to seek compensation on behalf of other consumers who purchased the product.
If a court rules in favor of the plaintiff, or if the company reaches a class action settlement, consumers may receive a cash payment or other benefits from the settlement. The lead plaintiff in the case often receives more money as an incentive award.
The Premier Nutrition protein spiking lawsuit is seeking class action status to represent all persons in the United States that purchased the mislabeled products.
The case is Gregorio v. Premier Nutrition Corp., Case No. 17-cv-05987-AT, U.S. District Court, Southern District of New York.
Did You Purchase a Product Based on False Advertising?
Many people rely on protein powders, protein bars, and other similar products in an effort to support their weight loss and muscle mass goals. They have a reasonable expectation that the information stated on these products, including the grams of protein contained therein, is accurate.
If you’ve been the victim of false advertising because you relied on a product that was not labeled or marketed accurately, you may need to speak to an experienced product liability lawyer about your options.
The lawyers at Bradley/Grombacher have years of experience helping consumers and are dedicated to exploring all possible avenues for resolution. Fill out the form on this page now for a free case evaluation.
Note: Bradley/Grombacher is not representing the plaintiff in this lawsuit.