Class Action Lawsuit Claims Bare Bones Bone Broth Serving Sizes, Protein Content Are Falsely Advertised

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A proposed class action lawsuit claims that Bare Bones Bone Broth is falsely advertised with regard to the net weight, serving size and amount of protein in the product.

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According to the 19-page lawsuit, Bare Bones Bone Broth products are labeled as containing 20 grams of protein per serving, with a serving size of 454 grams, or 16 ounces. However, the complaint alleges that both the measurement of the overall product volume and designated serving size are not compliant with FDA product labeling guidelines.

For liquid products such as bone broth, FDA regulations stipulate that net-quantity measurements must be stated “in terms of fluid measure in the largest whole unit,” with any remainder stated as fluid ounces or decimal fractions of the pint or quart, the lawsuit says.

According to the case, the net quantity of Bare Bones Bone Broth is listed on product packaging as “16oz (1lb) (454g),” even though the use of grams alongside fluid ounces is not permitted by the FDA.

Additionally, per the lawsuit, Bare Bones lists its bone broth serving size as 454 grams, the same size as the stated overall product size, and thereby implies that this serving size is compliant with the FDA’s Reference Amounts Customarily Consumed (RACCs), which are meant to standardize the serving sizes of certain food items. However, the RACC for soups, a classification that includes bone broth, is 245 grams, or 8 ounces, which is the average amount consumed in a single serving, the filing says.

The FDA permits some food product manufacturers, in instances where the overall product quantity is between 150 percent and 200 percent of the serving size, to use Nutrition Facts labels with two columns, one for the nutritional information of the RACC serving size and one for that of the whole product, the filing states. However, according to the lawsuit, this is not grounds to simply label a product whose quantity is between 150 percent and 200 percent of the RACC as a “single-serving” container, as Bare Bones does with their bone broth products.

The complaint alleges that by misrepresenting the serving size on product packaging, Bare Bones Bone Broth misleads consumers into believing containers of the broth contain more protein per standard serving than other bone broths.

“Defendant advertises the protein content in the Bone Broth Product as 20 grams on the front and back of the packaging, which substantially skews the amount of protein in the Product to look higher due to the inflated serving size,” the complaint summarizes.

The Bare Bones class action lawsuit seeks to represent anyone in the U.S. who bought a Bare Bones Bone Broth product labeled as containing 20 grams of protein per serving and a net weight of 454 grams within the applicable statute of limitations period.

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