California Man Sues Built Bars Over Allegedly Misleading Protein Content

A San Diego fitness enthusiast alleges in a new proposed class action lawsuit that Built Protein Bars don't contain the amount of protein advertised on the label.

Plaintiff Mario Palacios filed the lawsuit against Built Brands LLC – the maker of the bars – on April 16 in a California federal court, alleging violations of state and federal consumer laws.

According to the lawsuit, which is seeking more than $5 million in damages, the protein bars are advertised as containing 17 grams of protein per serving. However, Palacios claims independent testing revealed the actual protein content varies significantly.

Independent tests show protein content discrepancies

Palacios, who relies on protein intake to support his fitness goals, alleges he was misled by the bars' labeling. He purchased a variety pack of Built Protein Bars and believed he was getting 17 grams of protein per bar based on the front label information.

However, independent lab testing commissioned by Palacios allegedly showed the protein content varied considerably between bars. While some bars contained close to the advertised amount, others fell short, with some having as little as eight grams of protein. A second round of testing at a different lab confirmed the initial findings.

Lawsuit claims labeling violates federal regulations and warrants reimbursement

Palacios argues that the labeling practices violate federal food regulations, which require the actual nutrient content to meet or exceed the amount declared on the label.

He further alleges that the misleading labels caused him to overpay for the product compared to similar bars or the average market price. Palacios seeks to represent all California consumers who purchased Built Protein Bars in the past four years.

“Because of its deceptive and false labeling statements, Defendant was enabled to charge consumers including Plaintiff a premium for the Products relative to key competitors’ products, or relative to the average price charged in the marketplace,” the lawsuit states.

The lawsuit seeks certification as a class action, damages, fees, costs, and a jury trial. It alleges breach of warranty, unjust enrichment, and violations of California consumer laws.

This is not the first controversy surrounding Built Brands. In 2020, a former employee sued the company for allegedly endangering employees by not following COVID-19 guidelines and threatening to fire anyone who discussed the virus.

The plaintiff and proposed class are represented by Charles C. Weller APC.

The Built Brands protein bars class action lawsuit is Palacios et al v. Built Brands LLC, Case No. 3:24-cv-02234-CRB in the U.S. District Court for the Northern District of California.