If we’re trying to stick to a healthy eating program, we may rely heavily on what labels tell us about what’s in the foods we eat. We’re not individually able to tell if the figures are true or not. The complaint for this class action alleges that the Hershey Company mislabels its One Protein Bars, claiming that they contain less sugar and more fiber than they actually do.
The Nationwide Class for this action is all citizens of the US who, within the statute of limitations period, bought the products. The California Subclass is all citizens of California who, between January 2, 2016 and January 2, 2020 bought the products.
The label for the One Protein Bars says they contain 1 gram of sugar, 5 milligrams of cholesterol, and 9 grams of fiber. This may sound attractive to those who want to eat less sugar and more fiber, but the complaint claims that the bars actually contain more sugar and cholesterol and less fiber than stated.
This makes even the product name false and misleading, the complaint says, “because it is coupled with the statement on the Primary Display Panel (‘PDP’), i.e., the front panel of the Products, that the Products contain just ‘1 G SUGAR.’”
An independent laboratory tested sample of the products. According to the complaint, these are its findings for the Birthday Cake flavor One Protein Bar as compared to the figures listed on the label.
Also, the complaint alleges that in 2017, “an independent company that tests supplements” bought the products and sent them to “an FDA-registered laboratory” which found that the Birthday Cake flavor contained significantly more sugar and cholesterol than the listed amounts. (The laboratory did not seem to have tested for fiber.)
The complaint alleges that the product is misbranded under the federal Food, Drug, and Cosmetic Act (FDCA) and California’s Sherman Food, Drug, and Cosmetic Law, because it does not meet labeling requirements. The complaint quotes the provisions of both laws regarding measurements of sugar, cholesterol, and fiber to show specifically how the labeling violates them.