Class Action Lawsuit Claims Clean Whey Protein PowerBars Contain Less Whey Protein than Name Suggests

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Premier Nutrition Corporation is in the crosshairs of a proposed class action lawsuit filed by a consumer who claims the company’s PowerBar brand Clean Whey Protein bar is not as pure or clean as advertised.

The 12-page lawsuit sticks on the name of the aforementioned PowerBar product. Identifying the product as a “clean whey protein bar” would lead a reasonable consumer to believe it “exclusively contains the purest, most concentrated form of whey protein,” called whey protein isolate, the lawsuit states. Whey protein isolate, the complaint explains, has lower fat content and carbohydrate levels than its alternative, whey protein concentrate. A reasonable consumer, the lawsuit says, would take the word “clean” as its used in the context of the name of Premier Nutrition’s product to mean the bar contains whey protein isolate.

“In other words, ‘clean whey protein bar’ gives the impression the protein source is only the most concentrated form of whey – whey protein isolate – and free from fat and lactose,” per the suit.

In truth, however, Premier Nutrition’s representations of its Clean Whey Protein PowerBar are, according to the lawsuit, deceptive and misleading in that the product simply does not contain as much whey protein as its name suggests.

From here, the case moves on to its criticism of the defendant’s claim that its Clean Whey Protein bars contain no artificial colors, flavors or sweeteners. According to the suit, this representation is also misleading, as the PowerBars reportedly contain erythritol, a synthetic sweetener. 

The suit looks to cover a proposed class of consumers in New York who bought Premier Nutrition Corporation’s PowerBar brand Clean Whey Protein bar.