Wise Company named in class action lawsuit alleging the company falsely advertises its long term emergency food supplies

Wise-foods-logo

The Wise Company specializes in the manufacture and sale of survival food. Among its products are long-term food supplies which are claimed to contain enough food to last an adult for one, three, six and twelve month periods.  An independent investigation has revealed, however, that the caloric content of these food supplies are far below what is necessary for an average adult to live healthily (i.e. not starve) for those periods of time.

This is a class action filed by Plaintiffs on behalf of themselves and all others similarly situated who have suffered and will continue to suffer harm as a result of Wise Company’s unlawful, unfair, and deceptive advertising and business practices. It arises out of Wise Company’s material misrepresentations and omissions in connection with the marketing and sale of its long-term and emergency food kits, which it touts as disaster preparedness solutions. Specifically, Wise Company represents on its website, its packaging, and other marketing materials that these food kits will last for and healthily sustain consumers for the advertised periods of time. However, Wise Company fails to disclose that if the consumer in fact eats the number of prescribed servings each day necessary to make the food kits last for the advertised period of time, the consumer will effectively starve given that the food kits provide drastically fewer calories and nutrients than are needed to adequately sustain adults for the advertised periods of time.

 

Weight Watchers sued for allegedly falsifying calorie counts in ice cream products

 

The class action lawsuit was filed on behalf of a class of persons seeking redress for Defendants’ deceptive practices in its advertising, labeling and marketing of Defendants’ Weight Watchers ice cream products; specifically the Diet Bars (defined below).

The Diet Bars are part of Defendants’ larger program of providing consumers with “sensible options that provide consumers a way to save calories.”  In 2011, consumers around the world spent almost $5 billion on Weight Watchers branded products and services in large part based on Weight Watchers promise to provide consumers with such sensible options and ways of saving calories.

In reality, Defendants’ take advantage of consumers’ desire to save calories by deceptively advertising, labeling and marketing the Diet Bars to Plaintiff and other consumers nationwide as healthier, low-calorie snacks.

Indeed, consistent with Weight Watchers’ goal of “providing consumers a way to save calories” the marketing of the Diet Bars focuses primarily on the amount of calories per serving. For example, the amount of calories is listed first in the bolded and highlighted box on the front of the Diet Bars packaging.

Specifically, Defendants’ Ice Cream Candy Bars are deceptively advertised, labeled, marketed and sold to Plaintiff and other consumers as containing only 140 calories per serving when, in fact, they contain significantly more calories per serving. In reality, Defendants’ Ice Cream Candy Bars contain as much as 191 calories per bar.

As alleged, such information is clearly important to consumers who purchase the Ice Cream Bars as a way to save calories and to Weight Watchers, which admits that the amount of calories is “key nutritional information.” Indeed, by virtue of deceptively listing the amount of calories in the Diet Bars and by making the amount of calories a central theme in their marketing of the Diet Bars, Defendants are able to increase their sales and profits from the Diet Bars.

Defendants’ claims regarding their Ice Cream Candy Bars are also false and misleading because they are promoted as being made with “low fat” ice cream when the products as a whole are anything but “low fat.”

Indeed, 57% of the calories in Defendants’ Ice Cream Candy Bars are from fat. Defendants have a full line of similarly-mislabeled frozen ice cream bars, including Divine Triple Chocolate Bars, Dark Chocolate Dulcé de Leché Ice Cream Bars, Dark Chocolate Raspberry Cheesecake Ice Cream Bars, Strawberry Fruit Bars, Chocolate Dipped Strawberry Ice Cream Bars, GIANT Chocolate Fudge Bars, Snack Size Fudge Bars, Strawberry Smoothie Bars, GIANT Latté Bars, Dark Chocolate Raspberry Ice Cream Bars, GIANT Chocolate Cookies & Cream Bars, GIANT Cookies & Cream Bars, and English Toffee Crunch Bars (collectively, along with the Ice Cream Candy Bars, as the “Diet Bars”).

As a result of their deceptive marketing and advertising of the Diet Bars, Defendants have generated (and continue to generate) substantial revenues from the sale of the Diet Bars to unwitting consumers nationwide, who would not have purchased the Diet Bars had they known the truth about their caloric and fat content.

Arctic Zero named in class action for allegedly misrepresenting calorie count in frozen desserts.

This action seeks to remedy the unfair, deceptive, and unlawful business practices of Arctic Zero arising from the marketing and sales of Arctic Zero-brand frozen desserts (the “Products”) from 2009 to the present (the “Class Period”).

Arctic Zero manufactures, sells, and distributes the Products using a marketing and advertising campaign that is centered around claims that the Products contain all natural ingredients and are ultra-low calorie (150 calories per pint and 85 calories per bar).

As alleged, Arctic Zero’s advertising and marketing campaign is false and misleading because the Products contain as many as double the calories advertised and unnatural synthetic ingredients.

Plaintiff relied on Defendant’s misrepresentations that the Products are ultra-low calorie and contained only natural ingredients when purchasing the Products in California, Utah, and Colorado. Based on Defendant’s misrepresentations, Plaintiff and the Class were induced into paying a premium price for non-premium products. By relying on the representations that the Products contain all natural ingredients and are ultra-low calorie,

Plaintiff suffered injury by purchasing the Products at inflated premium prices. Plaintiff did not receive the benefit of the bargain when she purchased the Products. Instead, she received a product that, in direct contradiction to Defendant’s representations, contained as many as two times the calories advertised and unnatural synthetic ingredients.

On August 20, 2012, the Today Show’s National Investigative Correspondent, Jeff Rossen, reported the results of a number of low calorie desserts the Today Show had tested for caloric content at EMSL Analytical, Inc. (“EMSL”), a food laboratory. The show tested Vanilla Maple and Chocolate Peanut Butter flavored pints of Arctic Zero and found the products contained far more calories than reported on the nutrition facts and PDP. The Vanilla Maple flavor had 46% more calories than advertised, and the Chocolate Peanut Butter flavor had 68% more calories than advertised.