LOS ANGELES (Legal Newsline) – Two California consumers allege a brand of protein powder's container is under-filled.
Rebecca Padilla and Kimberly Owens filed a complaint individually and on behalf of a class of similarly situated individuals on Oct. 31 in the U.S. District Court for the Central District of California against The WhiteWave Foods Co., doing business as WhiteWave Services Inc.; Danone US LLC and Danone North America LLC alleging violation of California’s Consumers Legal Remedies Act, Unfair Competition Law and other counts.
According to the complaint, the defendants package and sell Vega protein and meal replacement powders. The suit states the products are sold in sealed, opaque plastic containers that are "substantially" under-filled. The plaintiffs allege the containers of Vega Protein & Greens they purchased were only one-third full of product.
The plaintiffs hold The WhiteWave Foods Co., Danone US LLC and Danone North America LLC responsible because the defendants allegedly deceptively packaged the products in a container with significantly greater volume than the product it contained and used nonfunctional slack-fill.
The plaintiffs request a trial by jury and seek compensatory, exemplary and statutory damages, interest, attorneys' fees and costs, and pre- and post-judgment interest. They are represented by Jordan L. Lurie, Tarek H. Zohdy, Cody R. Padgett, and Trisha K. Monesi of Capstone Law APC in Los Angeles.
U.S. District Court for the Central District of California Cc