SAN DIEGO (Legal Newsline) – Lawyers for Slimfast are urging a federal judge to throw out a class action lawsuit that complains “fat bombs” aren’t diet food.
KSF Acquisition Corporation, doing business as Slimfast, filed its motion to dismiss Aug. 5 in San Diego federal court in response to Kasama Brand’s lawsuit against it. The suit, brought by lawyer Charles Weller, targets chocolate snack cups called Keto Fat Bombs.
Products in the Fat Bomb line claim to have “zero sugar,” so customers are misled into thinking they are diet foods, the suit says.
“(Brand) makes this implausible claim even though the product packaging declares the calories per serving in large, bold-face type exactly where consumers are accustomed to calories being declared, and even though the name of the products—Keto Fat Bombs—does not remotely suggest a low- or reduced-calorie food,” the motion to dismiss says.
The lawsuit cites Food and Drug Administration regulations that state "Consumers may reasonably be expected to regard terms that represent the food contains no sugars or sweeteners... as indicating a product which is low in calories or significantly reduced in calories."
Slimfast claims there is "zero added sugar" in its chocolate snack cups. The suit says they contain about the same amount of calories as Reese's Peanut Butter Cups.
It also complains the company's Keto Fat Bomb Shot has 100 calories and boasts to be "zero sugar."
“Plaintiff does not allege the statement ‘Zero Added Sugar’ is false. She does not allege that the Keto Fat Bomb cups contain any added sugar,” the motion to dismiss says.
“She also does not allege that the Nutrition Facts panel misrepresents the calories per serving in any way. To the contrary, she admits each serving contains 90 calories (just like the packaging says).
“Put simply, Plaintiff does not allege that a single affirmative misrepresentation appears anywhere on the Keto Fat Bomb packaging.”