Think! Protein Bars Falsely Advertised as ‘Non-GMO,’ Class Action Alleges

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A proposed class action alleges the maker of think! nutritional foods has cheated consumers by falsely touting the products as “GMO Free” or “Non-GMO.”

The 77-page lawsuit alleges defendant Glanbia Performance Nutrition’s claims that think! products are free from genetically modified organisms (GMOs) is “false, misleading, and deceptive” in that the foods are “in fact loaded” with ingredients derived from genetically modified food sources such as corn, soy and sugar beet. Moreover, the lawsuit says that many think! products also contain protein and/or dairy sources derived from cows raised on GMO feed, and numerous artificial ingredients genetically engineered in a lab setting using biotechnologies. 

By prominently including the non-GMO claims on product labels and packaging, Glanbia aims to induce consumers to pay more for think! products than they would for comparable items that are not misrepresented as GMO-free, the lawsuit alleges. 

“Thus, although … the Products have been a marketing sensation and an unmitigated financial success, Defendant’s success has been the result of fraudulent, unlawful, and unfair business practices in the marketing and sale of the Products,” the complaint claims, calling Glanbia’s alleged practices “improper and unacceptable,” particularly for a company whose focus is on “clean” products with simpler labeling and made using a sustainable approach. 

According to the complaint, many consumers seek to avoid GMOs due to associated health risks, concerns about ingesting pesticides or other toxins, interest in promoting a sustainable lifestyle and local farming, and the harmful environmental effects linked to growing genetically modified crops. In recent years the market for non-GMO products has grown rapidly, the case says, and Glanbia, according to the suit, “seeks to take advantage of this trend through false advertising.” 

The lawsuit states that as of 2021, approximately 93 percent of canola, 92 percent of corn, 95 percent of sugar beets and 94 percent of soybeans grown in the United States are genetically modified. As a result, any ingredients derived from domestically grown canola, corn, peas, rice, soybeans or sugar beets are “highly likely” to contain GMOs, the case stresses, noting that the designation of an item as “non-GMO” can make the product highly desirable to health- or environmentally conscious consumers: 

“While the potential environmental and health impact of GMOs has been the subject of much scrutiny and debate within the food and science industries, Defendant and other businesses know customers attach an unhealthy, negative perception towards them. Defendant’s Non-GMO Claims are specifically intended to manipulate consumers into avoiding GMOs, including animal food products raised on GMO feed, because of health and environmental concerns.” 

The lawsuit says the specific GMO ingredients found in the purportedly GMO-free think! protein bars include ascorbic acid; dairy such as butterfat, casein, cultured skim milk and whey proteins; brown rice syrup; brown sugar; citric acid; erythritol, a sugar alcohol used as a food additive and sugar substitute; maltitol, a sugar alcohol-based artificial sweetener; soluble corn fiber; soy protein; and vegetable glycerin. 

Per the lawsuit, the following think! products have been falsely represented as “non-GMO” or “GMO Free”: 

• think! High Protein Bar, Chunky Peanut Butter; 
• think! High Protein Bar, Lemon Delight; 
• think! High Protein Bar, Creamy Peanut Butter; 
• think! High Protein Bar, Brownie Crunch; 
• think! High Protein Bar, Cookies and Crème; 
• think! High Protein Bar, Berries & Crème; 
• think! High Protein Bar, Chocolate & Crème Cupcake; 
• think! High Protein Bar, Chocolate Fudge; 
• think! High Protein Bar, Coconut Cake; 
• think! High Protein Bar, White Chocolate Flavor; 
• think! Protein+ 150 Calorie Bar, Chocolate Almond Brownie; 
• think! Protein+ 150 Calorie Bar, Salted Caramel; 
• think! Protein+ 150 Calorie Bar, S’mores; 
• think! Protein+ 150 Calorie Bar, Cupcake Batter; 
• think! Protein+ 150 Calorie Bar, Chunky Chocolate Peanut; 
• think! Protein+ 150 Calorie Bar, Chocolate Chip; 
• think! Keto Protein Bar, Chocolate Peanut Butter Pie; 
• think! thinkKIDS Protein Bar, Chocolate Chip; 
• think! thinkKIDS Protein Bar, Peanut Butter Cup; and 
• think! thinkKIDS Protein Bar, Vanilla Cupcake. 

The lawsuit looks to represent all consumers in the United States who, within the applicable statute of limitations period, up to and including the date of final judgment in the case, bought any of the think! products listed above. 

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