Purely Inspired Protein Powder Contains Over 20 Percent More Sodium Than Advertised, Class Action Claims
Moore v. Iovate Health Sciences U.S.A. Inc.
Filed: January 18, 2023 ◆§ 2:23-cv-00357
Iovate Health Sciences U.S.A. faces a class action that alleges the sodium content of some of its protein powders is over 20 percent higher than what is listed in the nutritional information.
Food, Drug & Cosmetics Act California Unfair Competition Law California Consumers Legal Remedies Act
California
Iovate Health Sciences U.S.A. faces a proposed class action lawsuit that alleges the sodium content of some of the company’s protein powders is over 20 percent higher than what is listed in the products’ nutritional information.
According to the 20-page lawsuit, the nutritional label on Iovate’s Purely Inspired Organic Protein Plant-Based Nutritional Shake—namely the “Decadent Chocolate” variety—shows that the product contains 290 milligrams (mg) of sodium per serving. Per the suit, however, lab tests of 13 different samples of the protein powder revealed that the products actually contained between 349.1 mg and 429 mg of sodium per serving—over 20 percent more than what is advertised on the label.
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The case relays that Iovate, whose brands include MuscleTech, Six Star Pro Nutrition, Purely Inspired, and Hydroxycut, promotes itself as a supporter of healthy lifestyles and a provider of health-conscious products to people across the globe. Consumers reasonably expect the representations on the Purely Inspired protein powder’s label to be accurate and align with the company’s self-image, the complaint claims.
Misrepresenting the product’s sodium content is not only “inherently deceptive” but could be harmful to consumers as excessive sodium intake is linked to a heightened risk of cardiovascular disease, chronic kidney disease, some cancers, and other adverse medical conditions, the filing charges.
The plaintiff, a California resident who bought the “Decadent Chocolate” protein powder in August 2022, sought counsel to determine the accuracy of the product’s representations, the lawsuit explains. Per the case, the man’s attorney had the product tested by an independent laboratory in September, and the results showed that the protein powder purchased by the plaintiff contained 383.76 mg of sodium per serving—over 20% higher than the 290 mg declared on the label.
In total, thirteen different samples were tested by the lab, and each showed sodium levels more than 20 percent above the number listed in the products’ nutritional information, the suit says.
The lawsuit looks to represent anyone residing in California who purchased the Purely Inspired Organic Protein Plant-Based Nutritional Shake product in “Decadent Chocolate” since January 18, 2017.
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