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Suit: Chip labels have incorrect amount of protein

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Thursday, November 21, 2024

Suit: Chip labels have incorrect amount of protein

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SAN FRANCISCO, Calif. (Legal Newsline) — A class action against Brad's Raw Chips claims its product label has the incorrect amount of protein per serving. 

Jose Luna, individually and on behalf of those similarly situated filed a complaint March 1 in the U.S. District Court for the Northern District of California against Brad's Raw Chips LLC, alleging violation of the False Advertising Law and other claims.

According to Luna's class action, the labels of the defendant's crunchy kale, veggie chips, veggie flats and other products do not have the correct amount of protein per serving using the FDA's Protein Digestibility Corrected Amino Acid Score (PDCAAS), which shows how much protein in a product is actually available to support human nutritional requirements.  

He claims consumers expect the amount of protein per bag on the front package is in a form the body can use and that the defendant's products' primary source of protein are kale, sunflower seeds, rice, cashews, buckwheat, pumpkin seeds, flax seeds, sesame seeds and chickpeas which are nutritionally less than the the protein claim on the label. Luna also claims the defendant does not express the correct amount of protein as %DV or percent of daily value. 

Luna and the class seek monetary relief, interest, trial by jury and all other just relief. They are represented by J. Ryan Gustafson of Good Gustafson Aumais LLP in Los Angeles; Amir Shenaq of Shenaq PC in Atlanta; and Steffan Keeton of The Keeton Firm LLC in Pittsburgh, Pennsylvania. 

U.S. District Court for the Northern District of California San Francisco Division case number 4:23-CV-00926

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