WHITE PLAINS, N.Y. (Legal Newsline) — A class action lawsuit alleges the presence of chemicals known as PFAS in protein shakes and powders.
Kevin Julian, individually and on behalf of all others similarly situated, filed a complaint Oct. 30 in the U.S. District Court for the Southern District of New York against Only What You Need Inc., alleging violations of the New York General Business Law and other, breach of express warranty and other claims.
PFAS are dubbed "forever chemicals" because they persist in groundwater and human tissue for years. The federal government is attempting to set a maximum contaminant level for PFAS, even as groups call the move premature. Much of the research regarding their effect on the human body is disputed.
Julian, a New York resident, purchased the defendant's Chocolate Elite Protein Shakes from Whole Foods from January 2023 to July 2023, according to his class action. He claims the plant-based protein products contain a "dangerous level" of per and polyfluoralkyl substances (PFAS), which were revealed in laboratory testing.
Julian alleges that no reasonable consumer would expect the products, which are marketed for "one's health," to contain PFAS. He further alleges the defendant falsely labels its products as "Only What You Need," "Nothing You Don't" and "What's inside matters." Julian also alleges the defendants sell the products to consumers at a "premium price" when consumers do not know they contain high levels of PFAS.
Julian and the class seek monetary relief, interest, trial by jury and all other just relief. They are represented by Joshua Arisohn, Philip Fraietta and Alec Leslie of Bursor & Fisher PA in New York City.
U.S. District Court for the Southern District of New York case number 7:23-CV-09522-NSR