David Protein, a fast-growing brand known for its high-protein, low-calorie bars, is facing a class-action lawsuit that could shake the health-conscious snack market. Three consumers allege the company’s products contain far more calories and fat than advertised, potentially undermining their appeal to people trying to manage weight.
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The lawsuit targets David Protein’s parent company, Linus Technology, accusing it of deceptive practices. Plaintiffs say independent testing shows the bars contained 78% to 83% more calories than stated on their nutrition labels.
Calories explained
A calorie measures the energy food contains, derived from three macronutrients: carbohydrates, protein and fat. Each gram of carbohydrates and protein has four calories, while each gram of fat has nine.
The body turns calories into energy, muscle and fat, and consuming more calories than the body uses leads to weight gain.
Rules for nutrition labels
The Food and Drug Administration requires calorie counts on labels but allows a 20% margin of error. That means a product advertised as having 100 calories could legally contain between 80 and 120 calories.
Testing results for David Protein bars
David Protein bars are marketed as having roughly 150 calories and at least 20 grams of protein. But plaintiffs say their testing revealed much higher numbers.
For example, they claim the company’s red velvet bar — advertised at 150 calories and 28 grams of protein — contains 271 calories. They attribute the discrepancy mostly to fat content: the nutrition label lists 2.5 grams of fat, while testing found 12.2 grams.
Several other bars allegedly tested at more than 270 calories.
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“Had Defendant complied with the law, the statement of the total and correct number of calories and fat would have revealed to consumers that the Products provide significantly more calories and total fat than claimed,” the lawsuit says. “Defendant has been able to charge a price premium for the product as a result of these misrepresentations and omissions.”
Relative to other protein bars, David Protein products are expensive; a 12-pack sells for about $40.
David Protein defends its pricing on its website:
“Our bars deliver exceptional value to our customers by offering the highest protein-to-calorie ratio on the market. We are less expensive and more convenient than our closest competitor: boiled cod,” the company said.
Scripps News has contacted David Protein for comment on the lawsuit.
Why it matters
Plaintiffs say the marketing is aimed at consumers seeking healthier options.
“Not only are Defendant’s misrepresentations misleading, they are material,” the lawsuit reads. “As Defendant is well aware, many American consumers are health-conscious and routinely rely upon nutrition information when selecting and purchasing food items.”
They add that overconsumption of calories and fat is a major risk factor for overweight and obesity, and that about half of consumers’ annual food spending, and a third of their calorie and fat intake, comes from purchases outside the home.
