Case Overview: A class action lawsuit claims Bhu Foods misled consumers about the amount of digestible protein in its protein cookies.
Consumers Affected: Consumers in California who purchased Bhu Foods protein cookies.
Court: U.S. District Court for the Southern District of California
Bhu Foods, the maker of “protein-packed” cookies, misleads consumers with exaggerated protein content claims on its packaging, overstating the amount of digestible protein in its Double Dark Chocolate and Chocolate Chip Protein Cookies, a new lawsuit alleges.
According to the complaint, Bhu Foods advertises that its cookies contain 11 or 12 grams of protein per serving, but fails to properly disclose that the pea protein used in the cookies has lower bioavailability. This means the body cannot fully absorb and use all of the protein as efficiently as higher-quality sources like whey or soy, the claim says. The lawsuit argues that the company’s omission of a required protein digestibility score misleads health-conscious consumers who rely on accurate labeling to meet their dietary goals.
Steven A. Cabrera filed the proposed class action lawsuit, where he said is among the millions of Americans who closely monitor their protein intake for fitness and health reasons. The Virginia resident says he purchased Bhu Foods Protein Cookies at a Whole Foods in Washington, D.C., believing they contained the full 11 or 12 grams of usable protein per serving, as advertised.
Cabrera argues that had he known the actual bioavailable protein content was significantly lower, he would not have purchased the cookies or would have paid less. The lawsuit highlights that food labels are a primary source of information for consumers, and federal law requires accurate reporting of protein content, including adjustments for quality. By failing to include these corrections, Bhu Foods allegedly created a false impression of the product’s nutritional value.
The lawsuit underscores the science behind protein quality, noting that different protein sources have varying levels of digestibility. The Protein Digestibility Corrected Amino Acid Score (PDCAAS) is the standard method used by the FDA to assess how much of a given protein the body can actually use.
While animal-based proteins like whey and eggs have a PDCAAS of 1.0—meaning they are fully digestible—pea protein, which Bhu Foods uses, has a much lower score, around 0.7. Under FDA regulations, if a company promotes protein content on the front of its packaging, it must also disclose a corrected protein value in the Nutrition Facts panel. Bhu Foods allegedly skipped this step, leaving consumers unaware that a substantial portion of the advertised protein is not effectively absorbed.
Bhu Foods is far from the only company facing scrutiny for allegedly misleading nutritional claims. PEScience, the maker of Select Vegan Plant Protein Powder, is currently facing a very similar lawsuit for allegedly overstating the digestible protein content of its product.
The makers of Emergen-C gummies are also being sued after lab tests showed their Vitamin C content was nearly 45% lower than advertised. Supplement brand Force Factor is battling claims that its advertised dosage amounts are far higher than what its products actually deliver.
In the Bhu Foods class action lawsuit, Cabrera wants to represent other California consumers in his claims of violations of the Consumer Legal Remedies Act, unjust enrichment, and breach of express warranty. He is seeking damages, injunctive relief, fees, costs, and interest.
Case Details
Plaintiffs' Attorneys
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