Case Overview: A class action lawsuit claims PEScience misled consumers about the amount of digestible protein in its Select Vegan Protein Powder.
Consumers Affected: Consumers in California who purchased PEScience Select Vegan Protein Powder.
Court: U.S. District Court for the Central District of California
PEScience, the company behind Select Vegan Plant Protein Powder, allegedly misleads consumers about the protein content in its product, a new lawsuit claims.
The complaint, filed by California resident Katie Melara, claims PEScience misbrands its protein powder by inflating the amount of digestible protein per serving, violating federal labeling laws and deceiving health-conscious buyers. The label prominently states that each serving contains 20 grams of protein, but the lawsuit argues that the company fails to account for protein quality and digestibility, as required by federal regulations.
The product is made from pea and rice proteins, which have lower bioavailability compared to animal-based proteins. The complaint claims that without properly adjusted labeling, consumers are misled into thinking they are getting more high-quality protein than they actually are.
Melara, an avid fitness enthusiast, tracks her protein intake carefully to maintain her weight and meet health goals, she says in the lawsuit. Like many others, she relies on protein powder to supplement her diet and ensure she reaches the Recommended Daily Value (RDV) of protein. She purchased PEScience’s protein powder multiple times through Amazon in 2023, believing she was getting a full 20 grams of usable protein per serving.
However, according to the lawsuit, PEScience’s failure to disclose a Protein Digestibility Corrected Amino Acid Score (PDCAAS)-adjusted percentage of RDV means the actual amount of digestible protein is lower than advertised. Had Melara known the true quality of the protein, she claims she either wouldn’t have bought it or would have paid significantly less for it.
The lawsuit argues that PEScience’s packaging uses strategic wording to reinforce the perception of high-quality protein. Phrases like “Taste the Quality” and “Select the Best” create an impression that the product provides premium nutrition.
Under federal law, when a company makes a specific protein claim on a product’s front label, it must also include a PDCAAS-corrected RDV percentage on the Nutrition Facts panel. PEScience, the lawsuit claims, does not do this, violating FDA regulations. Instead, the company states that its 20 grams of protein per serving accounts for 40% of the RDV, without adjusting for digestibility. This, the lawsuit argues, misleads consumers into thinking they are consuming more high-quality protein than they actually are.
PEScience isn’t the only company under legal scrutiny for allegedly misleading consumers about nutritional content. The makers of Emergen-C gummies are facing a class action lawsuit claiming their product contains significantly less Vitamin C than advertised. According to the complaint, some servings contain only 409 milligrams of Vitamin C—about 45% less than the 750 milligrams stated on the packaging.
Similarly, Force Factor, a popular supplement brand, is being sued for allegedly misrepresenting the dosage amounts of its products. The lawsuit claims that the company prominently advertises specific dosage amounts, but in reality, each capsule or tablet contains far less than what’s stated.
Even the magnesium supplement industry isn’t immune. Now Health Group is facing legal action over claims that its Magnesium Citrate Softgels contain 400 milligrams of elemental magnesium per serving—an amount that plaintiffs argue is physically impossible based on capsule size and ingredient composition.
In the PEScience Select Vegan Protein Powder class action lawsuit, Melara wants to represent other California consumers in her claims of violations of the Consumer Legal Remedies Act, unjust enrichment, and breach of express warranty. She is seeking damages, injunctive relief, fees, costs, and interest.
Case Details
Plaintiffs' Attorneys
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