Class Action Claims Iovate Health’s Herbal Zen Nutrition Packaged with Too Much Empty Space

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How Iovate Health Sciences U.S.A. Inc. packages 1.5-pound containers of its Herbal Zen Nutrition Plant-Based Protein product is the subject of a consumer’s proposed class action lawsuit filed in New York. Per the lawsuit, the plaintiff claims Iovate Health Sciences packages its protein powder and sells it to consumers with misleadingly excessive amounts of non-functional slack fill, i.e. unnecessary empty space, in violation of consumer protection laws in all 50 states and the District of Columbia. 

According to the lawsuit, the below image is what the defendant’s product looks like upon opening its container:

The complaint claims that another product manufactured and sold by the defendant—its Purely Inspired Plant-Based Protein Powder—comes in the same container as pictured above yet contains much more protein powder than the quantity shown in the picture.

“When [the defendant] fits more of a similar protein powder into the same sized containers that [Herbal Zen] uses, it proves that at least some of the empty space in the product containers is unnecessary and thus misleading,” the lawsuit argues, estimating that 41 percent of the above container is empty space.