On Tuesday, a proposed class action lawsuit was filed against Lenny & Larry’s, the makers of “The Complete Cookie.” The suit claims the defendant made false and misleading claims regarding the go-to snack for active, healthy individuals – including claims about the cookie’s protein content.
According to the suit, Lenny & Larry’s markets that its “Complete Cookie” contains 16 grams of protein in every 4-ounce cookie. (Each package contains two two-ounce servings, with eight grams of protein per serving.)
The suit claims, however, that when tested, the cookie contains an amount of protein that falls “far below” the advertised amount. According to the suit, the product contains only four to nine grams per four-ounce cookie, proving that it “simply doesn’t deliver on the promised protein content.”
The suit also takes issue with the daily value of protein listed in the product’s nutrition facts, claiming that the label is “false and deceptive in that it miscalculates” this percentage. The Federal Food, Drug and Cosmetic Act (FDCA), the suit claims, requires that when a manufacturer includes a daily value for protein, the value must be determined by a testing methodology known as the Protein Digestibility Amino Acid Corrected Score (PDAACS), which measures the quality of protein in a product. From the suit:
“The PDCAAS method does not simply calculate protein content by nitrogen analysis, but instead requires the manufacturer to determine the amount of essential amino acids contained within a product.”
The suit claims, however, that the defendant runs into problems with the FDCA because it allegedly used nitrogen testing:
“Given that Defendant’s Product contains a protein claim on the label and lists protein as the percentage of DV in the Nutrition Facts Section, Defendant is thus statutorily obligated under the FDCA to determine the protein content and percentage of DV by using the PDCAAS, which it did not.”
The suit seeks certification of a nationwide class of people who purchased the products, as well as a multi-state class covering those in California, Illinois, Florida, Massachusetts, Minnesota, Missouri, New Jersey, New York and Washington.