Orgain Inc. was charged with a class action lawsuit for allegedly falsely advertising their product.
A class action lawsuit was filed against Orgain Inc. in February 2021. The lawsuit alleges that Orgain falsely marketed their Organic Protein Milk product line, including Kids Protein Organic Nutritional Shake.
According to plaintiffs, the said product’s label indicated that it contained “natural flavors.” Plaintiffs argue that this is false since the product is flavored using synthetic ingredients.
Douglas Patenaude, the lead plaintiff, argues that Orgain has deceptively confused their consumers thru their marketing strategy.
He adds that the way the companies product was marketed steers customers to believe that their products were flavored using an authentic natural ingredient, vanilla bean.
The plaintiff, Patenaude, asserts that consumers depend on the product’s labeling when making decisions to buy a product.
He adds that Orgain’s products only states on the label that their product is vanilla. It does not say that the product is produced from vanilla flavoring.
Patenaude believes that this incorrect labeling wrongly influences customers to buy the product.
The complainant, Patenaude, argues that vanilla is different from vanilla flavoring.
According to him, vanilla flavoring can be composed of multiple ingredients, including oil and vanilla extracts. Meanwhile, products that are naturally flavored are made from just vanilla beans.
He believes that the company should explicitly indicate the composition of the product in the list of ingredients.
The reason behind this is because the product’s target consumers, health-conscious ones, rely heavily on these products label.
They buy natural ingredients because they would like to avoid alternatives that contain synthetic ingredients.
The plaintiff believes that Orgain’s failure to inform their consumers of their products’ correct nature violates Massachusetts and federal law.
He also states that the U.S. Food and Drug Administration (FDA) has a Food, Drug, and Cosmetics Act, which mandates that food products should contain the correct list of ingredients in their labels.
The FDA states that it only recognizes products made from vanilla beans as naturally flavored vanilla products. It is deceptive to label products as naturally flavored if they are not made from vanilla beans.
The complainant adds that products that are not made from vanilla beans should be classified as artificially flavored. He states that only products made from natural ingredients should be identified as natural flavored.
Multiple related class action lawsuits have been filed against Orgain by other individuals. Similar to this, plaintiffs also claim that other Orgain products were misleadingly labeled as made from the natural vanilla flavor.
The plaintiff, Dana Newton, filed a case against Orgain Inc too for false representation of their protein powder. Her lawsuit was filed in January 2021.
Newton asserts that Orgain products’ laboratory analysis reveals that they contain artificial flavors such as maltol, vanillin, and piperonal.
She believes that this goes against the product label, which states that they are “vanilla bean flavor” or “natural organic flavor.”
The lawsuit filed by Douglas Patenaude aims to represent consumers who have purchased falsely advertised Orgain products residing in Massachusetts.
He seeks to help individuals who have bought Orgain products under false labels to be compensated.
Editor’s Note on Orgain Kids Organic Shake Class Action Lawsuit:
This article is published to inform you of the latest Orgain class action lawsuit over alleged false advertising of Orgain’s products.
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Another class action claiming false 100% natural production, Nestle Coffee Mate Natural Bliss Vanilla Creamer Class Action.