- Jocko Fuel (Law360 subscription required) has been sued for allegedly falsely marketing its protein shake products as containing only “premium protein and functional ingredients” that are tested for safety despite being contaminated with or at risk of being contaminated with unsafe levels of cadmium.
- According to the complaint, the product’s labels bear statements such as “meets the highest standard” and “Third Party Tested: Integrity is non-negotiable.” In addition, the defendant “specifically lists the ingredients in the Product on the labeling; however, Defendant fails to disclose that the Product contains, or is at risk of containing, cadmium.”
- The complaint states that independent testing found that the product purchased by the plaintiff is contaminated with cadmium, causing it to be unsafe for consumption. According to the plaintiff, they would not have purchased the protein shakes if they had been aware that they contain cadmium.
- Keller and Heckman will continue to monitor this and other litigation related to food labeling and safety.