Certain Orgain Protein Shakes Contain Less Grass-Fed Protein Than Advertised, Class Action Claims

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A proposed class action accuses Orgain and parent company Nestle Health Science U.S. Holdings, Inc. of false advertising, given that some of their protein and nutritional shakes allegedly contain less grass-fed protein than represented.

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The 37-page lawsuit says that contrary to the beverages’ front-label representations—which prominently claim that the products contain eight, 16 or 26 grams of “grass-fed protein,” respectively—the protein in the shakes is, in fact, a blend of grass-fed protein and organic protein.

According to the suit, the products at issue include:

• Kids Protein Organic Nutritional Shake – Fruity Cereal;
• Kids Protein Organic Nutritional Shake – Vanilla;
• Kids Protein Organic Nutritional Shake – Chocolate;
• Kids Protein Organic Nutritional Shake – Strawberry;
• 26g Organic Protein Grass Fed Protein Shake;
• Organic Nutrition Shake – Sweet Vanilla Bean;
• Organic Nutrition Shake – Creamy Chocolate Fudge;
• Organic Nutrition Shake – Iced Café Mocha; and
• Organic Nutrition Shake – Strawberries & Cream.

Unlike grass-fed protein, organic protein comes from cows fed grain and corn and provides significantly less conjugated linoleic acid and fewer Omega-3s, the case explains. Per the complaint, higher levels of Omega-3s, like those found in purely grass-fed protein, are believed to benefit the immune system, fight inflammation and help prevent chronic conditions such as heart disease and diabetes.

“Moreover, because grass-fed cows are raised outdoors eating only grass on open pastures, entirely grass-fed cows are raised more humanely than other cows, and provide certain environmental benefits that organic and conventional cows do not,” the filing adds.

In light of the foregoing, shoppers are willing to pay a premium for the Orgain shakes based on the company’s representations that the items are sources of this superior type of protein, the lawsuit argues.

“Unfortunately for consumers,” however, the companies have “resorted to false and deceptive labeling to boost sales and increase profits from the products, all at the expense of unsuspecting consumers,” the suit contends.

The plaintiffs, California residents who bought Orgain’s chocolate-flavored kids protein shakes in the last few months, say they would not have paid as much for the products, or purchased them at all, had they known the amount of grass-fed protein the shakes contained was misrepresented.

The lawsuit looks to represent anyone in the United States who purchased any of the products listed on this page for personal use and not for resale within the applicable statute of limitations period.

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