A class action lawsuit accuses the makers of Dave's Killer Bread of misleading consumers by claiming their bread contains more protein than it actually does.
"The primary protein sources in Defendants’ products are wheat and oats," says the lawsuit, filed in Chicago federal court. "Both wheat and oats are low-quality proteins... which means Defendants’ products will provide nutritionally as little as 50% of the protein quantity claimed."
The protein claims on the bread packaging "are unlawful and deceptive in violation of federal regulations because Defendants did not comply with the regulatory requirements for making a protein claim," states the suit.
If the labeling had been correct, "it would have revealed that the product provides nutritionally as little as 50% of their total protein
quantity and contains low quality proteins," the lawsuit alleges.
It seeks an injunction against the company from continuing "the unlawful, deceptive, fraudulent, and unfair business practices alleged."
It also seeks compensatory and punitive damages plus attorney fees and court costs.
The lawsuit was filed on behalf of named plaintiff Megan Taylor, identified as a resident of Grayslake.
The plaintiffs are represented by attorneys Peter S. Lubin and Patrick Austermuehle, of Lubin Austermuehle PC, of Oakbrook Terrace; and Seth A. Safier, Marie McCrary and Hayley Reynolds, of Gutride Safier LLP, of San Francisco.