Lil Puffs Falsely Advertised as Healthy, Class Action Alleges

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The maker of Lil Puffs faces a proposed class action that claims the snacks are falsely advertised as nutritious and healthy given that they contain “dangerously” high levels of saturated fats.

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The 48-page lawsuit against defendant LesserEvil, LLC says the Lil Puffs products – which include the Veggie Blend, Strawberry Beet, Sweet Potato Apple and Non-Dairy Cheddar flavors – are specifically marketed as a “healthier” snack option for children under the age of two.

 However, the complaint contends that these health-focused representations and label claims that the products are made with “0 Grams [of] Sugar” and “Good Fat from Organic Coconut Oil” are misleading since the snacks contain “unsafe” fats in amounts considered nutritionally and developmentally harmful for toddlers.

According to the suit, the consumption of saturated fats at levels found in the defendant’s products increases the risk of coronary heart disease, stroke and other potentially life-threatening ailments.

The lawsuit argues that LesserEvil’s advertising of Lil Puffs violates federal regulations, which prohibit certain products from being represented as “healthy” when they contain more than three grams of fat.

Federal regulations also mandate that food products that bear nutrient content claims while containing more than 13 grams of fat and four grams of saturated fat must include disclosure statements directing consumers to examine the nutrition information, such as “see nutrition information for fat content,” the complaint relays.

Although Lil Puffs “far exceed” these saturated and total fat amounts per serving, the products fail to include any mandatory disclosure statements, the suit contends.

The case further claims that the U.S. Food and Drug Administration (FDA) prohibits companies like LesserEvil from making nutrient content claims on products intended for children under two because the agency “lacks evidence that a more restrictive dietary pattern for other nutrients such as sodium or an increased intake for nutrients such as fiber are appropriate and recommended for infants and toddlers.”

“Intending to profit from parents’ and caretakers’ increasing desire to purchase food for young children that provides physical health benefits, Defendant misbrands its baby and toddler food products by making nutrient content claims on the product packages that are strictly prohibited by the [FDA],” the filing charges.

The plaintiff, a California consumer, says she purchased Lil Puffs on multiple occasions based on the defendant’s representations that the product would be a healthy snack for her toddler. Like other consumers, the woman would not have bought the snacks, or she would have paid less for them, had she known the products contained a “dangerously high” amount of saturated fat, the case claims.

The lawsuit looks to represent anyone who purchased LesserEvil’s Lil Puffs within the United States and during the applicable statute of limitations period.

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