The complaint, filed on January 23, claims the bars “contain a significant[ly] higher number of calories and total fat than represented on the product packaging,” according to People.
Plaintiffs argue that independent testing found discrepancies between the nutritional values advertised by the company and the amounts measured in laboratory analysis.
An accredited lab allegedly found that David Protein bars—sold in flavors like Chocolate Chip Cookie and Fudge Brownie—contain up to 83 percent more calories and 400 percent more fat than advertised, despite the brand promoting the bars as delivering 28 grams of protein for just 150 calories, according to The Independent.
The lawsuit accuses the company of misrepresenting these figures “for the express purpose” of encouraging consumers to purchase the bars or pay a premium price for them. Plaintiffs also argue the alleged discrepancies violate Food and Drug Administration labeling regulations, The Independent reported.
The accusations even drew comparisons online to the famous Mean Girls plotline in which Regina George unknowingly eats weight-gain bars disguised as diet food. But David Protein dismissed the claim in a social media video featuring the company’s director of R&D, Mitch Culler.
“No one is getting Regina Georged,” Culler said in the post.
The company says the lawsuit misunderstands how nutrition labels are calculated. Markos Bitsakakis, a representative for the brand, called the allegations “simply wrong.”
“Our products are labeled correctly and in full compliance with FDA rules,” Bitsakakis said, according to People. “The claims in the lawsuit misrepresent how calories are determined under U.S. nutrition labeling standards, and we intend to vigorously defend the accuracy of our labeling.”
Rahal offered a more detailed explanation of the dispute, arguing that the testing methods cited by plaintiffs measure calories differently from the way regulators require companies to calculate them.
“When food is burned in a device called a bomb calorimeter, it measures the heat released,” Rahal wrote. “But nutrition labels aren’t based on how much heat something produces when burned. They’re based on what the human body can actually absorb and use for energy.”
“That distinction matters for ingredients found in David, such as fiber, sweeteners, and fat substitutes like EPG,” Rahal continued. “Burning them in a bomb calorimeter treats them as fully digestible calories, even though they are not. That’s why the FDA requires different calculation methods for these ingredients when determining calories. David is 150 calories.”
The lawsuit centers on whether the bars’ labeling falls within federal nutrition labeling rules. Food manufacturers are generally required by the FDA to ensure that the nutritional values listed on packaging fall within 20 percent of the actual measured amounts, according to The Independent.
The case seeks damages, restitution, and an injunction preventing the company from selling the allegedly mislabeled bars. The proposed class would include consumers in California, Illinois, and New York who purchased the products.
However, according to The Independent, Rahal has indicated the company plans to contest the allegations.