Class Action Challenges Immune Health, Protein Absorption Claims on Lenny & Larry’s The Boss! Immunity Bars

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A proposed class action alleges Lenny & Larry’s has falsely advertised that The Boss! Immunity Bars support immune health and protein absorption.

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The 31-page case against defendant Lenny & Larry’s LLC says the bars are labeled as containing BC30 probiotic, a “highly renowned” proprietary probiotic that can help support immune health and protein absorption when added to food and beverages in sufficient amounts. As such, the products are advertised as able to provide both functional benefits, the complaint shares.

However, according to the lawsuit, Lenny & Larry’s The Boss! Immunity Bars do not contain enough BC30 probiotics to support either of these claims.

“Probiotic doses are measured in terms of colony forming units (‘CFUs’), which represent the number of live and active microorganisms in one serving of a probiotic,” the filing explains.

The lawsuit says Ganeden, a subsidiary of Kerry Group that developed BC30, provides manufacturers that use its probiotic a guide that establishes minimum CFU inclusion rates necessary to ensure proper use of the BC30 logo and to substantiate claims about protein absorption, immune health and digestive health.

Ganeden’s guide states that to make claims about immune health or to tout the inclusion of BC30, a product must include 500 million CFU per daily serving, the suit relays. To make a protein absorption claim, a product must include one billion CFU per daily serving, the case says.

According to the case, analytical testing has revealed that the BC30 probiotic counts in The Boss! Immunity Bars fall “materially short” of the minimum bacterial CFUs necessary to truthfully assert that the products support immune health and protein absorption, or to include the BC30 logo on their labels.

Per the complaint, the defendant’s “false, misleading and deceptive” advertising violates federal law and has deceived consumers into buying products with qualities and attributes that “they simply did not have.”  The plaintiffs, two California residents, say they would not have bought Lenny & Larry’s immunity bars had they known the company misrepresented the products’ probiotic content and made false promises about immune health and protein absorption support.

The lawsuit looks to represent anyone in the United States who purchased Lenny & Larry’s The Boss! Immunity Bars during the applicable statute of limitations period.

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