in Newswire Published on January 25, 2018

Half Empty or Half Full: Protein Powder Makers Accused of Underfilling Containers

Last Updated on May 8, 2018

Ross v. Coexist Nutrition, Llc et al

Filed: January 23, 2018 ◆§ 7:18cv587

A proposed class action has been filed against the makers of the 14.82-ounce 22 Days Nutrition Plant Power Protein Powder Supplement claiming customers aren’t getting as much powder as they paid for.

Defendant(s)

Coexist Nutrition, LLC Co.Exist Nutrition Corp.

Law(s)

State(s)

New York

Categories

False Advertising

A proposed class action has been filed against the makers of the 14.82-ounce 22 Days Nutrition Plant Power Protein Powder Supplement claiming customers aren’t getting as much powder as they paid for. The suit alleges that manufacturers Coexist Nutrition, LLC and Co.Exist Nutrition Corp. underfill the product containers, resulting in an unreasonable amount of “non-functional slack-fill,” or “unnecessary empty space,” that isn’t visible to the consumer until after he or she opens the tub.

“Since the Product container was 44% full when it should have been at least 80% full, Plaintiff received at most 54% of what she bargained for,” the complaint reads. “Accordingly, at least 46% of the purchase price, or about $13.80 was unlawfully taken.”

The suit goes on to argue that the empty space serves no functional purpose, noting that the defendants also produce another type of protein powder that contains a greater volume of product in a smaller container.

An image from the complaint has been included below: