Lawsuits Filed Over Protein Claims on Gluten Free Bites, Gourmet Nut Trail Mix, Enjoy Life Lentil Chips

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Three proposed class actions filed on March 30 respectively claim West Thomas Partners’ GFB Gluten Free Bites, Gourmet Nut’s Protein Packed Trail Mix and Mondelez International’s Enjoy Life Lentil Chips are misleadingly labeled as “protein packed.”

The lawsuits allege the manufacturers have misled consumers into thinking the snacks contain more protein than they actually do and have violated federal labeling regulations by failing to include the percent daily value for protein on the products’ nutrition facts label.

According to the cases, consumers would not have purchased or would have paid less for the GFB Gluten Free Bites, Protein Packed Trail Mix and Enjoy Life Lentil Chips had they known the snacks were not high in protein.

The suits allege that the labels on each snack make certain claims regarding protein content—namely, that the foods are “protein packed” and, in the case of the Enjoy Life Lentil Chips, that the snack is “high protein.” According to the complaints, reasonable consumers would interpret these representations to mean that the snacks are “high” in protein or “an excellent source” of protein. Per the suits, the U.S. Food and Drug Administration stipulates that foods claiming to be high in or an excellent source of protein must contain at least 10 grams per serving of protein.

The lawsuits state, however, that the GFB Gluten Free Bites contain four to five grams of protein per serving, the Protein Packed Trail Mix contains seven grams of protein per serving and the Enjoy Life Lentil Chips contain three grams of protein per serving.

Moreover, the cases explain that if a food claims to be high in protein, it must also contain 20 percent or more of the reference daily intake (RDI) or daily reference value (DRV) per reference amount customarily consumed. For protein, the RDI or DRV is 50 grams for adults and children over four years old, the suits state.

Though manufacturers are not generally required to include the DRV for protein on a product’s label, the DRV is required whenever the food makes a nutrient content claim such as being high in or an excellent source of protein, the cases relay. Per the suits, none of the snacks at issue include the percent daily value for protein on the labels’ nutrition facts panel.

“By artfully omitting the DRV for protein, the Defendant is able to mislead and deceive consumers that the Products are excellent sources of protein,” each of the cases states. “Despite containing only deficient amounts of protein, consumers are misled by Defendant’s marketing, labeling, and advertising to believe that the Products are high in protein.”

The lawsuits respectively look to represent anyone in the U.S. who, within the relevant statute of limitations period, purchased the following products:

• GFB Gluten Free Bites, including the Dark Chocolate Coconut, Dark Chocolate Peanut Butter, Coconut Cashew Crunch, Chocolate Cherry Almond, Dark Chocolate Almond, and Peanut Butter varieties, and any other products found to be deceptively marketed;
• Protein Packed Trail Mix; and
• Enjoy Life Lentil Chips, including the Sea Salt, Garlic & Parmesan, Dill & Sour Cream, Thai Chili Lime, and Margherita Pizza varieties, and any other products found to be deceptively marketed.

The three complaints can be found below.

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