An ever-increasing number of lawsuits against the supplement manufacturers claiming that they have been producing supplements with cheap fillers including them as a part of whey protein.
Similarly in the series, another Whey protein supplement manufacturer, Bowmar Nutrition came under lawsuit when plaintiffs in the Bowmar Nutrition lawsuit claimed that the company lied about the amount of whey protein used in manufacturing the supplement.
The Bowmar class action lawsuit – What it is all about
In California, a nationwide Bowmar nutrition lawsuit was filed on May 24, 2021, by Deana Lozano – the lead plaintiff. Deana alleges that the Bowmar whey protein supplement product provides substantially less protein from the labeled nutrition mandated in a supplement by the Federal Government. Plus, the supplement also has potentially less amount of protein than what the company advertises on social media and its website.
With the continuation of the accusations, Deans also states that the testing of the supplement reveals that many other statements that the company makes about the presence of whey protein in its product are false too.
In addition to that, the testing results show differences in the calorie counts, nutrients listed, and the fat quantity at the nutrients labeled at the product – the claim alleges.
“The labels’ claims were false, inaccurate, and misleading, and the labels and advertising violate federal and state laws and regulations requiring accuracy in nutritional labels.”
The class action accused Bowmar as a brand that has been engaged in several deceptive and unfair trade practices, under misleading pretenses for its sold goods and intentionally defrauding its customers.
The plaintiff in the Bowmar Nutrition lawsuit
Bowmar produces several bars, frosting, nut spreads, snacks, and powders derived from or containing whey protein isolate. Deana Lozano, the lead plaintiff, paid above $400 between the years 2019-2021 for purchasing Bowmar products. These products include Hazelnut Coffee protein powder, Crunch Berry Almond spread, and Birthday Cake Protein Powder.
The plaintiff states that she believed captivating marketing campaigns in which the company said its products are purely made from whey protein as they are shown in the campaign with tastier and delicious tastes.
Lozano is leading a national class-action lawsuit against Bowmar as well as a Californian subclass. She is also seeking certification of restitution, class, interest, damages, legal costs and expenses, a trial for violating California consumer law, and false advertising law.
Bowmar supplements have labelled the mandated amount of protein at the front side of its supplements and products. These facts and figures are labelled on every Bowmar product like its spread, powders, and frostings.
The Bowmar nutrition lawsuit also stated that the testing, evaluated by undersigned counsel and executed by independent laborites specialized in analyzing food and products say that each product has less than the quantity of the nutrients and whey protein as they are listed in the product labels.
“The variances range from a 15 percent shortfall from stated values for the protein bars, through approximately a 50 percent shortfall for varieties of the nut spreads, to up to a 60 percent or more shortfall for the protein powders and frostings.”
Lozano adds that above a million Americans consume supplements that are claimed to be food replacements made with whey protein. These supplements are specifically used to meet fitness and weight loss issues with specific health goals.
The claim also states:
“These consumers carefully monitor their protein intake for maximum effectiveness in meeting these goals. The accuracy of nutritional labels identifying the protein content of these products is therefore centrally important to satisfying these consumers’ needs and expectations.”
As said above, Bowmar is not the only supplement manufacturer that is accused of false advertising and violating consumer laws. In recent times, Reckitt Benckiser cleared an $8million settlement with the plaintiffs who claimed that its products Neuriva supplement wrongly advertised and overstated for scientifically and clinically proven to levitate the intellect and help in enhancing your brain performance. With these false claims, they violated consumer protection laws and several other state laws.
With these growing numbers of wrongly claiming supplement companies, The Federal trade commission is planning to crack down and penalize those companies who are caught representing false information through social media advertisements and reviews. According to the press release,
“The rise of social media has blurred the line between authentic content and advertising, leading to an explosion in deceptive endorsements across the marketplace. Fake online reviews and other deceptive endorsements often tout products throughout the online world,” the FTC said.
FTC already has started sending legal notices to the companies for violating state and federal laws. This will enable The Federal Trade Commission to hold them liable for false claims and penalize them according to the laws.
Dieters, Bodybuilders, and athletes need the key micronutrients and whey proteins to aid in building muscle mass and boost energy. This is why protein supplement industries have made billions in the name of energy supplements according to Euromonitor.
Have you been using any supplement products, thinking that they would help you in weight loss and enhance your overall productivity? Then you should check out the labels and seek out evidence that proves the number of nutrients and proteins is exactly the same as they are listed.
If you have used the Whey protein product from the Bowmar supplement manufacturer, then you may be eligible to get compensation for your loss of expenses and costs you incurred after purchasing the product.
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