Metamucil Falsely Advertised in Light of Added Sugar Content, Class Action Says
Amado v. The Procter & Gamble Co.
Filed: September 22, 2022 ◆§ 3:22-cv-05427
A class action alleges Metamucil has been falsely advertised in that the fiber supplement’s added sugar content can actually decrease appetite control, harm blood sugar levels and damage digestive health.
California Business and Professions Code California Unfair Competition Law California Consumers Legal Remedies Act
California
A proposed class action alleges Metamucil has been falsely advertised in that the powdered fiber supplement’s added sugar content can actually decrease appetite control, harm blood sugar levels and damage digestive health.
The 34-page case says that although Metamucil maker Procter & Gamble has touted the purportedly “doctor recommended” supplement as supportive of “healthy blood sugar levels,” “appetite control,” “digestive health,” and “heart health by lowering cholesterol,” scientific studies have shown that taking the product in accordance with P&G’s instructions can cause “unhealthy fluctuations in blood sugar levels,” which over time can cause the body to develop insulin resistance, type 2 diabetes, and/or metabolic syndrome.
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For example, taking two rounded tablespoons of either orange-flavored or unflavored Metamucil up to three times daily as instructed would cause a person to consume 192 extra calories from added sugar, the lawsuit states. Overall, following the “appetite control” instructions on the unflavored and orange-flavored product’s labels would lead a consumer to drink “up to 21g and 48g of added sugar per day, respectively,” the suit relays.
“And as one scientific analysis showed, an increase of 150 calories per day in sugar related to a 1.1% rise in diabetes prevalence by country, a statistically-significant increase of 11-fold,” the complaint reads.
According to the lawsuit, the fact that Metamucil contains more sugar than fiber makes it deceptive for Procter & Gamble to market the product as providing benefits associated with fiber without disclosing the “countervailing detriments” of the consumption of added sugar.
“Additionally, it is unfair and deceptive for P&G to advise consumers to ingest up to six rounded teaspoons or tablespoons (depending on variety) of the Metamucil Powders, when doing so would cause many consumers to exceed the daily added sugar intake levels recommended by authoritative health bodies to prevent harm to health,” the case charges.
Per the lawsuit, one controlled, randomized study has shown that when sugars are consumed, the fiber in Metamucil “does not improve or help control blood sugar levels.” In that study, researchers tested the effects on plasma glucose and plasma insulin of consuming Fybogel, Metamucil or guar gum in a drink that contains 50g of glucose, and found that neither Fybogel nor Metamucil significantly affected plasma glucose responses, the suit relays.
“In short, consuming the high-sugar Metamucil Powders results in unhealthy changes in blood sugar levels,” the complaint alleges, claiming P&G’s representation that the supplement helps “support” healthy blood sugar levels is false and likely to mislead a reasonable consumer.
Other scientific literature demonstrates that the consumption of sugar-sweetened beverages is harmful and detrimental to heart health and cholesterol levels, the lawsuit continues.
The case similarly cries foul on P&G’s claim that taking Metamucil can aid with appetite control, stressing that excess sugar consumption can lead to weight gain and obesity. The defendant’s claim that Metamucil powders can help support appetite control is “false, or at least highly misleading,” the suit alleges.
“In short, because scientific studies show that consuming high amounts of sugar like that in the Metamucil Powders decreases appetite control, P&G’s appetite control representations are false. These representations are not only false but likely to mislead reasonable consumers who, without referencing such scientific studies, would not know these claims are false.”
Lastly, the filing says that consuming sugar can harm the crucial microbiota that live in the digestive tract and increase the risk of chronic digestive tract conditions.
The Metamucil label claims at issue “have the capacity, tendency, and likelihood to confuse or confound” reasonable consumers given the average buyer does not know the extent to which consuming sugar can adversely affect blood sugar levels, appetite control and/or digestive health, the suit contends.
“The average consumer is not intimately familiar with the scientific evidence regarding the health effects of consuming sugar or psyllium fiber. And there is no way for a consumer to know—by simply looking at the label and without reviewing the scientific evidence—whether or not the Metamucil Powders in fact provide the claimed benefits or not.”
The lawsuit looks to cover all consumers in the United States who, at any time within the last four years, bought any Metamucil powder for personal use or household consumption and not for resale.
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