Class Action: ‘Zero Sugar’ Pro Elite Protein Shakes Contain More Calories Than Buyers Led to Expect

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A proposed class action alleges Only What You Need, Inc. has misleadingly advertised its Pro Elite High Protein Shakes as containing “0g sugar,” even though the plant-based dietary supplements are actually high in calories.

The 22-page lawsuit says that contrary to “common-sense consumer expectations” about foods touted as low in sugar or low-calorie, the Pro Elite shakes at issue are “far from low-calorie foods” and contain roughly 230 calories in a single 12-ounce serving, “far more” than the 140 calories found in a same-sized serving of Coca Cola.

The case claims defendant Only What You Need (OWYN) has violated federal food labeling laws, which specify that any food advertised as containing no sugar must either meet the definition of a low- or reduced-calorie food or, each time the no sugar claim is used, state that the food is “not a reduced calorie food,” “not a low calorie food” or “not for weight control.”

“The failure to include this disclaimer make [sic] OWYN’s label and advertising claims false, deceptive, inaccurate, and/or misleading, and the labels (and Defendant’s advertising on its and other third-party websites) violate federal and state laws and regulations requiring accuracy in nutritional labels,” the complaint contends.

Per the case, the Pro Elite High Protein shakes, which come in chocolate, vanilla and “no-nut buttercup” flavors, prominently display claims on their front and back labels that describe the products as containing “0g sugar” or “zero sugar.”

According to the suit, these claims, which are also reflected on the defendant’s and retailers’ websites, lead reasonable consumers to expect that the protein drink is also low in calories. The suit alleges, however, that the Pro Elite protein shakes are not low- or reduced-calorie foods, and contain even more calories than the same amount of Coca Cola.

Nevertheless, the defendant fails to state anywhere on product labels or in advertising that the shakes are not low- or reduced-calorie foods, the case claims.

Per the lawsuit, the Pro Elite shakes are sold at a premium compared to similar low-carb, high-protein dietary supplements, many of which do display the disclosures required by state and federal food labeling laws.

The case looks to represent anyone in the U.S. who purchased the Pro Elite High Protein shakes within the past four years.

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