A Peabody man is making a federal case out of what he says is whey powder bulked up with a substance that only makes the stuff seem like it's full-on whey.
In a lawsuit filed in US District Court in Boston, Michael Daley is seeking to become the lead plaintiff in a class-action case against New Whey Nutrition, LLC of Ovledo, Fla.
Daley alleges that rather than all the whey its products are advertised for, the company added "cheaper freeform amino acids," which produce the same nitrogen used by standard tests for protein content, but which are not actually whey protein. Rather than the 24 grams of whey protein claimed on its labels, New Whey products only have 16 grams, the lawsuit alleges.
Daley is represented by the same group of lawyers who have made Massachusetts a launching pad for misleading-labeling lawsuits based on both federal law and the Massachusetts consumer-protection law. Among their other targets:
Dole fruit cups
Blue Diamond almond milk
Coca-Cola
Whole Foods yogurt
| Attachment | Size |
|---|---|
 Complete complaint, Michael Daley vs. New Whey Nutrition LLC | 891.5 KB |
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Comments
I'm pretty sure I've made fun
By anon
Thu, 11/20/2014 - 8:22am
I'm pretty sure I've made fun of the people involved in all those other lawsuits listed, but if this guy is right -- that the label says 24 Grams of Whey Protein, and it's only 16 with filler -- then I fully support this lawsuit.
Take note, Dole Fruit Cup Guy: THIS is a misleading label.
Personally, I plan on using Atty. Mirabella
By Brian Riccio
Thu, 11/20/2014 - 9:28am
Next time the DEA seizes more than 20K from me. According to her webpage, she'll get it back for me!
Probate court for this?
By SwirlyGrrl
Thu, 11/20/2014 - 9:38am
After all, where there's a will, there's a whey!
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