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David Protein Disputes Lawsuit Over Bar Calories, Citing FDA-Compliant Calculations

The company argues lab testing counted nondigestible ingredients like EPG as calories, while plaintiffs pursue class relief over labels they say exceed the FDA’s 20% tolerance.

Overview

  • Filed Jan. 23 in the Southern District of New York, the proposed class action by Daniella Lopez, David Freifeld and Crystal Paterson accuses Linus Technologies’ David brand of deceptive labeling.
  • Plaintiffs cite third‑party tests using Atwater factors that found 268–275 calories and roughly 11–13.5 grams of fat per bar, versus labels stating 150 calories, about 28 grams of protein and 2–2.5 grams of fat.
  • Founder Peter Rahal says the bars’ 150‑calorie figure follows FDA rules and that bomb calorimetry overcounts ingredients the body doesn’t absorb, highlighting the fat substitute EPG.
  • Anresco Laboratories, identified in coverage as the tester, declined to comment due to confidentiality; no regulator has issued findings and the suit does not seek a recall.
  • Launched in 2024 and sold for about $39 per 12‑pack, the bars have drawn intense online scrutiny as the case advances in early stages, with the company stating it will defend the labels in court.