Particle.news
Download on the App Store

David Protein Faces Class-Action Over Bar Calories as Company Disputes Testing Methods

The early-stage lawsuit centers on whether FDA-permitted labeling calculations or bomb calorimetry should govern counts for ingredients like EPG.

Overview

  • The Jan. 23 complaint in the Southern District of New York alleges David Protein bars contain up to 83% more calories and up to 400% more fat than labeled, citing third-party lab results of roughly 268–275 calories and 11.7–13.5 grams of fat per bar.
  • Founder Peter Rahal says the labels comply with FDA rules, arguing the plaintiffs relied on bomb calorimetry and Atwater factors that overstate calories for nondigestible ingredients such as the fat substitute EPG.
  • An FDA-recognized lab, identified in reports as Anresco, conducted the testing but declined to comment, while the company publicly posted that “no one is getting Regina Georged” in rebutting viral social-media comparisons.
  • The plaintiffs point to FDA guidance allowing only a 20% variance above declared values and seek damages, restitution and injunctive relief, with class certification and the case merits yet to be decided.
  • Rahal told a reporter the company is hiring attorney Alex Spiro to countersue, as the brand emphasizes that its 150-calorie figure reflects energy the body actually absorbs rather than total heat measured by a calorimeter.