OWYN Class Action Alleges Protein Shakes Misrepresent Protein Content

Case Overview: A class action lawsuit has been filed against Only What You Need, Inc. (OWYN), alleging that their protein shakes falsely advertise their protein content.

Consumers Affected: Consumers who purchased OWYN protein shakes.

Court: U.S. District Court for the Eastern District of California

A class action lawsuit alleges that Only What You Need, Inc. (OWYN) has misled consumers by overstating the protein content of its non-dairy, plant-based protein shakes. Plaintiff Latanya Ri'Chard claims that OWYN protein shakes, marketed as containing "20g of Plant-Based Protein" per serving, actually contain significantly less protein. 

The lawsuit specifically targets OWYN protein shakes which are sold in the following flavors:

• Dark Chocolate
• Cold Brew Coffee
• Smooth Vanilla
• Cookies and Creamless
• Sea Salted Caramel
• Strawberry Banana

Despite being explicitly marketed as containing "20g of Plant-Based Protein" per serving on product packaging and nutritional labels, the suit claims that independent laboratory testing has shown that the drinks actually contain only 17.5 grams of protein per serving.

Lawsuit Claims OWYN Protein Shakes Mislead Consumers On Protein Content

Ri'Chard, a resident of Merced, CA, says she was seeking a healthy, plant-based protein supplement when she purchased OWYN protein shakes based on the company's protein content claims. Starting around April 2022, she bought the 4-pack Owyn Protein Shake in Dark Chocolate flavor from Walmart, which advertised "20g of Protein." Ri'Chard was specifically drawn to OWYN's product due to its advertised higher protein content compared to other non-dairy, plant-based options.

The lawsuit contends that OWYN intentionally misbranded its products to attract health-conscious consumers. It argues that by falsely advertising the protein content, OWYN deceived consumers and provided a product that fell short of its advertised nutritional claims.

“Had Defendant Owyn complied with the law and not made the protein claims on the front of their Products, Plaintiff would not have been drawn to the Products and would not have purchased them. At a minimum, Plaintiff would have paid less for each Product,” the complaint states.

FDA Regulations Require Accurate Protein Labeling, Lawsuit Contends

The complaint highlights that the U.S. Food and Drug Administration mandates manufacturers to calculate the "corrected amount of protein per serving" using the Protein Digestibility Corrected Amino Acid Score (PDCAAS) method before making any protein claims. This method determines the actual protein value available to support nutritional needs, and manufacturers must use it to measure a product's "%DV" (percent of daily value) for protein, which is then listed in the nutrition facts panel.

OWYN's protein shakes, excluding the Pro Elite variant, are explicitly marketed with "20g of Protein" on both the nutritional label and the front panel. However, independent lab testing has revealed that they contain approximately 17.5g of actual protein, significantly less than advertised.

“Owyn knowingly provides non-factual information and omits relevant information in an attempt to deceive and entice sales to these consumers who are seeking to purchase high protein products conducive to weight management, muscle development, and other protein-specific health goals.”

This alleged discrepancy could mislead consumers who rely on protein content information when making purchasing decisions, potentially causing harm to those seeking high-protein supplements for health or fitness goals. 

Other Food And Supplement Companies Face Similar Legal Challenges

Similar false advertising class action lawsuits have been filed against other food and supplement manufacturers. One lawsuit alleges that Built Protein Bars don't actually contain the advertised 17 grams of protein per serving, based on independent testing. 

Another suit claims that General Mills misled consumers by falsely advertising Annie's fruit snacks as primarily sweetened with real fruit juice, when they are mainly sweetened with added sugars. Additionally, a class-action lawsuit against Nordic Naturals, a major fish oil brand, alleges their marketing is misleading and their products may not provide the promised heart health benefits.

In the OWYN non-dairy protein shake class action lawsuit, Ri’Chard is seeking to represent anyone who purchased OWYN protein shakes in the United States during the applicable statute of limitations period. She argues that OWYN's conduct has caused actual damage to consumers by misleading consumers and providing a product that did not meet the advertised nutritional claims.

Case Details

• Lawsuit: Ri’Chard v. Only What You Need, Inc.
• Case Number: 1:24-cv-01051
• Court: U.S. District Court for the Eastern District of California

Plaintiffs' Attorneys

• Robert Mackey (Law Offices of Robert Mackey)
• Nicholas A. Migliaccio and Jason S. Rathod (Migliaccio & Rathod LLP)
• D. Aaron Rihn and Sara J. Watkins (Robert Pierce & Associates, P.C.)
• Daniel C. Levin and Charles E. Schaffer (Levin Sedran & Berman LLP)

Have you tried OWYN protein shakes or similar plant-based protein products? Did you find the protein content to be accurate? Share your experience in the comments below!