Elizabeth Livingston of Florida has issued a class action lawsuit against Fullbar, LLC of Colorado alleging its appetite regulator bars are deceptively labeled as “100% Natural” and “All Natural” when they contain synthetic and artificial ingredients.
The diet bars contain unnatural ingredients such as maltodextrin and soy products. Maltodextrin is a white powder found in processed foods as a thickener or filler. The process to produce maltodextrin is considered a “severe process” that produces an ingredient no longer natural. The maltodextrin as well as the soy products used in the diet bars are from GMOs.
GMOs are plants and seeds that have been modified through biotechnology to exhibit traits that do not occur in nature.
This class action lawsuit states that Fullbar violated Florida’s Deceptive and Unfair Trade Practices, the Magnuson-Moss Warranty Act, Negligent Misrepresentation, Breach of Express Warranty, and Unjust Enrichment.
Fullbar sells a variety of diet bars including Chocolate Peanut Butter, Double Chocolate, Peanut Butter Crunch, Cranberry Almond, and Chocolate Caramel. The diet bars are manufactured, marketed, and advertised as “100% Natural” on the front packaging. They also place an “All Natural” label on the front and back of the packaging. The “Natural” labels on the packaging are central to their marketing.
Despite the labels, Fullbar’s diet bars are not made with all natural ingredients. The diet bars contain maltodextrin, potato maltodextrin, soy protein concentrate, soy protein isolate, and soy lecithin. All of those ingredients are synthetic and/or artificial. If a product contains synthetic and artificial ingredients, it is not an “All Natural” food product.
The lawsuit argues that consumers were misled into buying Fullbar diet bars. Packaged food with “All Natural” labels are seen as healthier and of a higher quality than products that do not have that label. “All Natural” products are typically more expensive, as well. Consumers were charged a premium price for the diet bars, even though they were not a higher quality “All Natural” food product.
From January to August 2014, Plaintiff Elizabeth Livingston purchased 10-15 Fullbar diet bars from a Walmart in Pembroke Pines, Florida. Livingston interpreted the “100% All Natural” claim on the Chocolate Peanut Butter and Double Chocolate bars to mean that they did not contain unnatural ingredients. If she had known the diet bars contained synthetic and artificial ingredients, Livingston would not have purchased them.
Fullbar’s “100% Natural” advertising for its diet bars is false and misleading to consumers. The misbranded products were worth less than what Livingston and other consumers paid for them. As a result, consumers suffered economic damage and the damage of consuming products that were not “All Natural.”