A Florida resident has filed a putative nationwide class action against a company that makes “appetite regulator bars” advertised as “100% Natural” and “All Natural” despite allegedly containing “unnatural, synthetic, and/or artificial ingredients,” such as maltodextrin, potato maltodextrin, soy protein concentrate, soy protein isolate, and/or soy lecithin. Livingston v. Fullbar, LLC, No. 14-62430 (U.S. Dist. Ct., S.D. Fla., Fort Lauderdale Div., filed October 23, 2014). The plaintiff claims that the products are misbranded and falsely advertised, and that class members paid a price premium for “All Natural” products that are not 100 percent natural. The flavor varieties named in the complaint are chocolate peanut butter, double chocolate, peanut butter crunch, cranberry almond, and chocolate caramel.
Alleging violations of Florida’s Deceptive and Unfair Trade Practices Act, negligent misrepresentation, breach of express warranty, violation of the Magnuson-Moss Warranty Act, and unjust enrichment, the plaintiff seeks declaratory and equitable relief, restitution, disgorgement, actual damages, attorney’s fees, and costs.