SlimFast Keto Fat Bomb Label Misleads Consumers on Snack’s Calorie Count, Class Action Claims

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A proposed class action contends that the “zero added sugar” statement on the label of SlimFast’s Keto Fat Bomb chocolate snack cup is misleading to consumers given a six-ounce serving of the product contains roughly 90 calories.

The 31-page case argues that although consumers expect an item labeled with “zero added sugar” to be a diet food that’s low in calories, SlimFast has sold millions of Keto Fat Bombs and one-ounce Keto Fat Bomb shots by misleadingly positioning the low-carb, high-protein products as low- or -reduced-calorie foods without disclaiming that they are not. 

The case says that because neither product meets the regulatory definition of a low- or reduced-calorie food, SlimFast is required to give consumers the “full picture” about the items and properly disclaim that they are not intended for weight control. 

“The failure to include this disclaimer make [sic] the labels’ claims false, deceptive, inaccurate, and/or misleading, and the labels (and Defendants’ advertising) violate federal and state laws and regulations requiring accuracy in nutritional labels,” the complaint reads. 

Per the complaint, consumers immediately associate SlimFast with low- and reduced-calorie foods, and the company spends millions each year on advertising in order to “cement that association in consumers’ minds.” As the lawsuit tells it, the plaintiff, a San Diego resident, and thousands of other consumers have bought SlimFast’s Keto Fat Bomb products in reliance on the company’s marketing claims, in particular on the “deceptive and misleading implication” that the items are low-calorie foods. 

“Defendant reaped millions of dollars in profits from these consumers, who received an inadequate product sold under false pretenses,” the suit alleges.

The case goes on to state that although SlimFast added to its website a tough-to-find “not a low-calorie food” disclaimer for its Keto Fat Bombs, the company, as of 2021, did not add the disclosure to product packaging. 

The lawsuit looks to cover all consumers in California who bought SlimFast’s Keto Fat Bomb products within the last four years. 

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