Class Actions Claim Protein Content Is Overstated on SlimFast Smoothie, Shake Mix Labels

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Two proposed class actions allege the protein content claims on containers of SlimFast smoothie and shake mixes are false and misleading in that the figures, unbeknownst to buyers, represent the amount of protein when the powder is mixed with an eight-ounce glass of milk.

According to the two lawsuits filed on July 8, the SlimFast mixes themselves, without added milk, contain much less protein per serving than the amount stated on each product label. For example, the suits say, although label on containers of SlimFast Advanced Nutrition Smoothie Mix prominently states that each serving provides “20g High Protein,” the powder itself contains only 12 grams of protein per serving.

“Nothing on the Products’ front packaging discloses to consumers that they must add milk to receive the amount of protein promised in the Protein Representation,” the similarly worded complaints state.

Per the suits, defendant KSF Acquisition Corporation’s “false and deceptive” advertising and labeling of its SlimFast smoothie and shake mixes—which include the SlimFast Original Meal Replacement Shake Mix, SlimFast Advanced Nutrition Smoothie Mix, SlimFast Diabetic Weight Loss Meal Shake and SlimFast Advanced Immunity Smoothie Mix—has caused consumers to pay more for the products than they otherwise would have if had they known the powders’ true protein content.

The lawsuits allege that the SlimFast smoothie and shake mixes all “suffer from the same flaw” in that their front labels deceptively state the amount of protein provided when a consumer mixes the powder with an eight-ounce glass of milk. The suits contend that reasonable consumers would not expect the product to contain fewer grams of protein than stated on the front label.

“Most shockingly, SlimFast’s Original Product promises ‘10g PROTEIN’ per serving, but the mix only contains 2g of protein per serving,” one lawsuit states. “The Original Product fails to provide a considerable 80% of the promised grams of protein.”

The lawsuits point out that since other smoothie and shake mix manufacturers correctly state on their products’ front labels the amount of protein provided by the product alone, and not the amount when milk or any other ingredient is added, consumers expect the same to be true for the SlimFast items at issue.

One of the cases looks to represent California residents who purchased any of the SlimFast products mentioned on this page within the applicable statute of limitations period.

The other case seeks to cover New York residents who purchased any of the SlimFast products mentioned on this page in the state for personal, family or household consumption (and not for resale) within the applicable statute of limitations period.

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