NEW YORK (Legal Newsline) – A New York consumer alleges the maker of ready-to-drink protein products and protein bars misrepresents the amount of protein actually included in the products.
Joseph Gregorio filed a complaint on behalf of himself and all others similarly situated on Aug. 8 in the U.S. District Court for the Southern District of New York against Premier Nutrition Corp. alleging violation of state consumer fraud acts and deceptive acts or practices.
According to the complaint, the plaintiff alleges that he suffered damages from purchasing falsely advertised Premier Protein products. The plaintiff holds Premier Nutrition Corp. responsible because the defendant allegedly claims that its protein drinks contains 30 grams of protein despite testing showing that it only contains 26.9 or 28.34 grams. He also alleges that a protein bar his counsel tests only contained 25.9 grams instead of the 30 advertised.
The plaintiff requests a trial by jury and seeks damages, compensatory damages, exemplary damages, statutory damages, incidental damages, consequential damages, actual and punitive damages, all legal fees, interest, enjoin the defendant and any other relief as the court deems just.
He is represented by Philip L. Fraietta of Bursor & Fisher PA in New York; Nick Suciu III of Barbat, Mansour & Suciu PLLC in Bloomfield Hills, Michigan; and Anne Barker of Consumer Law Group PC in Fort Oglethorpe, Georgia.
U.S. District Court for the Southern District of New York case number 1:17-cv-05987-AT