KIND Advertises the Protein Content of Its Snacks Inaccurately, a Class Action Lawsuit Claims
According to a new class action lawsuit, snack food company KIND inaccurately advertises the protein content of its snacks by up to 20% and intentionally misleads consumers for profit.
Lisa Chong, et al. vs. KIND, LLC
Lead Plaintiffs Lisa Chong and Zack Schwartz filed the class action lawsuit in California on June 11, alleging that KIND markets its products inaccurately in order to increase profits and obtain a competitive edge.
As per the claim, KIND capitalizes on consumers’ growing desire for healthy, high-protein foods by promoting its breakfast and snack products as high in protein.
Moreover, the class action lawsuit makes specific reference to KIND’s advertising for its Dark Chocolate Clusters, which state on the label that they contain “10g PROTEIN.” Because of this, consumers have a reasonable expectation that each product will have the amount of protein stated on the front of the product box.
Failure to Meet Consumer Expectations
Chong and Schwartz also argue that KIND’s Dark Chocolate Clusters contain only 8.4 grams of protein per serving, a slight overstatement of around 20%.
According to the class action lawsuit, Defendant’s products contain less protein than promised based on the amino acid content testing.
Furthermore, their advertising and labeling of the products comprising and providing certain levels of protein per serving are false and deceptive, with the intent of inducing consumers to purchase the products at a premium price while ultimately falling short of consumer expectations.
Chong reports that she has purchased KIND Nut Bars at various Safeway and Lucky Supermarket stores since 2016, owing mainly to the items’ advertising of protein serving sizes.
On the other hand, Schwartz bought KIND Granola, with the Dark Chocolate Clusters flavor, and KIND Protein Bars in 2020, also highlighting the items’ advertising.
According to the class action lawsuit, Chong and Schwartz and other KIND consumers suffered economic harm due to their purchases of the items due to false advertising.
Additionally, the suit argues that KIND’s products contain proteins of poor biological value to humans, such as oats, which are not completely digested.
The lawsuit also alleges that KIND’s products are incorrectly labeled in violation of state and federal regulations. It requires any product that makes a protein claim to include the percentage of the daily value of protein on the product’s nutrition facts panel, which KIND’s products did not do.
Chong and Schwartz are seeking to represent everyone who has purchased KIND products in California since 2017. They are suing for violations of advertising and consumer protection laws, as well as for unjust enrichment. They seek class certification, damages, restitution, injunctive relief, interest, and attorneys’ costs, as well as a jury trial.
KIND is not the only company facing legal action over claims about protein. In June, a class action lawsuit was filed against food manufacturer Purely Elizabeth for allegedly misrepresenting the amount of protein in its products.
Editor’s Note on KIND Protein Class Action Lawsuit 2021:
This article is published to inform you of the latest class action lawsuit against KIND due to inaccurately advertising the protein content of its snacks to gain more profit.
Case Name & No.: Lisa Chong, et al. vs. KIND, LLC, Case No. 3:21-cv-04528
Jurisdiction: U. S. District Court – Northern District of California
Products/Services: Mislabeled KIND Snacks, KIND Healthy Snacks, and KIND Bars
Allegations: KIND inaccurately advertises the protein content of its snacks by 20%
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