What is the Premier protein shake lawsuit
Judge Gives Final OK to $9M Premier Nutrition Protein Shake Settlement
A $9 million settlement was given final approval by a federal judge, resolving claims that Premier Nutrition overstated the amount of protein in their shakes.
On Jan. 17, U.S. District Judge Analisa Torres determined that the Premier Nutrition settlement was a fair resolution to the protein content litigation and would allow both plaintiffs and defendants from the risks associated with continued litigation.
Judge Torres also noted that only seven Class Members had objected to the settlement and only 135 Class Members opted out.
With a Class estimated to include millions of consumers, the judge determined that the deal reflected well upon the lawyers who helped reach the $9 million deal.
Most of [the objections] claim the proposed settlement is inadequate for plaintiffs who bought large numbers of protein shakes, Judge Torres said. The remainder of the objections are similarly without merit.
Under the settlement, plaintiffs will receive up to $0.86 per shake with a total of up to $40 per claimant. The settlement was originally set to pay $1 per purchased shake, but data received from Sams Club and Costco revealed higher claim numbers than anticipated.
Premier Nutrition recently told the court that more than 246,000 Class Members had submitted claims with 24,000 indicating they have proof of purchase. Due to the hundreds of thousands of claims filed, the award per shake was reduced by 14 cents.
Lawyers for the plaintiffs, who reportedly told the judge that they are proud of this settlement, will receive $3 million in court costs and attorneys fees.
The $608,000 in time worked by the attorneys was noted as being on the high end by the judge, but she determined that the range for the time and the fraction of the award were within a reasonable range for the court to approve.
Plaintiffs originally filed their protein content class action lawsuit against Premier Nutrition in August 2017.
Lead plaintiff Joseph Gregorio said that the nutritional company claimed that their protein drinks contain 30 grams of protein, when the beverages actually contain between two and five grams less than the stated amount.
Flavors allegedly affected by the misleading label include Vanilla, Chocolate, Strawberries & Cream, Banana & Cream, Peaches & Cream, Cookies & Cream, Mixed Berry, Organic Chocolate, Organic Vanilla and Caramel.
The Premier Nutrition shake settlement was initially reached in September 2018 after mediation between the nutrition company and plaintiffs in the protein content class action lawsuit.
The settlement Class included consumers who purchased the affected flavors of Premier Protein Ready-To-Drink Shake beverages between Aug. 8, 2011 and Oct. 12, 2018.
Consumers had until Dec. 20, 2018 to file their claim and recover payment under the Premier Nutrition protein shake class action settlement.
Plaintiffs and settlement Class Members are represented by Phillip Fraietta and Alec Leslie of Bursor & Fisher PA, and Nick Suicu of Barbat Mansour & Suciu PLLC.
The Premier Nutrition Protein Shake Class Action Lawsuit is Gregorio v. Premier Nutrition Corp., Case No. 1:17-cv-05987, in the U.S. District Court for the Southern District of New York.
UPDATE: On March 29, 2019, Top Class Actions viewers started receiving settlement checksworth up to $17.20 from thePremier Protein shake class action settlement. Congratulations to everyone who filed a valid claim and got PAID!
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Lawsuit Alleges Popular Protein Shake Contains Excessive Lead
Premier Protein shakes are a popular brand of ready-to-drink protein shakes that are marketed as a healthy and convenient way to boost your protein intake. However, a new lawsuit alleges that Premier Protein shakes contain excessive levels of lead, a dangerous heavy metal that can cause serious health problems.
The Lawsuit
The lawsuit was filed in July 2023 in the US District Court for the Northern District of California by three consumers who allege that they were misled by BellRing Brands Inc., the manufacturer of Premier Protein shakes, into believing that the shakes were healthy and safe. The lawsuit claims that BellRing Brands was aware of the lead contamination in its shakes but failed to warn consumers or take corrective action.
The Allegations
According to the lawsuit, independent testing found that Premier Protein shakes contain lead levels that exceed the California Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65) maximum allowable dose level of 0.5 micrograms per day. The lawsuit also alleges that BellRing Brands failed to properly test its shakes for lead contamination and failed to implement adequate quality control measures to prevent lead from entering the shakes.
The Potential Health Risks of Lead Exposure
Lead is a toxic heavy metal that can cause serious health problems, especially in children. Lead exposure can damage the brain, nervous system, and kidneys. It can also lead to developmental delays, learning disabilities, and behavioral problems in children.
Conclusion
The lawsuit against BellRing Brands Inc. is still ongoing, and it is unclear what the outcome will be. However, the allegations in the lawsuit raise serious concerns about the safety of Premier Protein shakes. Consumers who are concerned about lead exposure should avoid consuming Premier Protein shakes until more information is available.
Frequently Asked Questions
Q: What are the symptoms of lead poisoning?
A: Symptoms of lead poisoning can vary depending on the level of exposure. Some common symptoms include abdominal pain, constipation, vomiting, headache, irritability, fatigue, and loss of appetite. In severe cases, lead poisoning can damage the brain and nervous system, leading to seizures, coma, and even death.
Q: Who is most at risk of lead poisoning?
A: Children are most at risk of lead poisoning because their bodies are still developing and they are more likely to absorb lead from their environment. Pregnant women and women who are breastfeeding are also at increased risk of lead poisoning, as lead can cross the placenta and enter breast milk.
Q: What should I do if I think I may have been exposed to lead?
A: If you think you may have been exposed to lead, you should see a doctor right away. Your doctor can test your blood lead level and recommend treatment if necessary. Treatment for lead poisoning may include medications to help remove lead from your body and dietary changes to reduce your exposure to lead.
Q: Can I still consume Premier Protein shakes?
A: Until the outcome of the lawsuit is known, it is best to avoid consuming Premier Protein shakes. If you are concerned about lead exposure, there are other healthy and safe ways to boost your protein intake, such as eating lean meat, poultry, fish, eggs, dairy products, legumes, and nuts.
Q: What is BellRing Brands Inc. doing to address the allegations in the lawsuit?
A: BellRing Brands Inc. has not yet issued a public statement about the lawsuit. However, the company has a history of responding to product safety concerns. In 2019, BellRing Brands agreed to a $9 million settlement in a class-action lawsuit that alleged that the company had been overstating the amount of protein in its shakes and bars.
Q: What can I do to protect myself from lead exposure?
A: There are a number of things you can do to protect yourself from lead exposure, including:
Washing your hands frequently with soap and water, especially before eating or drinking.
Cleaning your home regularly, especially areas where children play.
Avoiding lead-based paint, which is most commonly found in homes built before 1978.
Eating a healthy diet that includes plenty of calcium and iron, which can help to reduce your bodys absorption of lead.
If you have any further questions about lead exposure or the lawsuit against BellRing Brands Inc., please consult your doctor or a qualified healthcare professional.
References:
- Bloomberg Law News: https://news.bloomberglaw.com/litigation/bellrings-premier-protein-shakes-high-in-lead-new-suit-says
- Barrons: https://www.barrons.com/articles/protein-shake-high-lead-levels-lawsuit-c817fc13
Premier Protein Ready-To-Drink Shake Class Action Settlement
Premier Nutrition Corporation has agreed to pay $9 million as a part of a class action settlement agreement, ending claims thatPremier Protein shakesdont include as much protein as advertised on their labels.
The Premier Protein class action lawsuit alleged that the shakes, available in Vanilla, Chocolate, Strawberries & Cream, Banana & Cream, Peaches & Cream, Cookies & Cream, Mixed Berry, Organic Chocolate, Organic Vanilla and Caramel flavors, were advertised as containing 30 grams of protein when independent testing revealed they contained between 26.8 and 28.3 grams.
Originally, the Premier Protein class action settlement planned to offer both vouchers and cash to Class Members.
Premier Nutrition found that the costs of notifying the Class were too great, however, and the settlement has been modified to offer cash for valid claims.
Class Members include consumers who purchased Premier Protein shakes between Aug. 8, 2011 through Oct. 12, 2018 in the United States.
Class Members can receive up to $1 per shake with proof of purchase or $.50 per shake without proof of purchase. Class Members are limited to claims for 40 purchased shakes.
Under the terms of the class action settlement agreement, Premier Nutrition has not admitted any wrongdoing, but will also be reevaluating and refreshing its formulations for the shakes.
The deadline to submit a Claim Form is Dec. 20, 2018.
The deadline for Class Members to exclude themselves or object to the Premier Protein class action settlement is Dec. 11, 2018.
The final hearing will be held Jan. 17, 2019.
Premier Protein Shake Lawsuit
Premier Shakes and Bars Review How to Choose One That Has a Good Cost
Several leading sports nutrition brands like Gatorade and Mona vie with the leading manufacturers of protein shakes like Warrior, Optimum andymaker.
The problem that many people face is that their favorite brands do not meet the minimum threshold to meet the minimum legal requirements for safe consumption in the United States. When you use a beverage that does not meet the required guidelines, you can be subject to a Premier Protein Shake Lawsuit.
Premier Protein Shake Lawsuit
These lawsuits have been growing exponentially and are being filed regularly by individual athletes who feel the manufacturers of these drinks are aware that their products are unsafe for competitive use.
Typically, these suits cite various ingredients in the protein drinks, such as monosodium glutamate (MSG), which is commonly added to shorten the shelf life of these drinks. These suits also point out the lack of absorption of the essential amino acids (proteins) found in milk, cheese and whey protein. As a result of the excessive amounts of artificial coloring and flavorings that are added to these shakes, these bars and drinks are considered extremely dangerous for those who consume too much of them on a regular basis.
The original protein bars or drinks were actually created 30 years ago by Dr. Thomas Gideon, a renowned bodybuilder.
He was trying to come up with a weight loss product that had the same nutritional value of steak but at a fraction of the calories. Due to the lack of research on the nutritional value of alternative proteins at that time, Dr. Gideon created what we now know as the premier bar or shake.
This product has come a long way since its creation and still remains one of the most popular dietary supplements in the world today.
Unfortunately for consumers, the manufacturers of these high quality, nutritional bars and shakes did not provide the necessary disclosure information to let consumers know that the bars contained excess sugar, artificial sweeteners and yeast.
Many of these protein premier protein bars and shakes contain sugar after they are prepared, which can be very dangerous to diabetics or individuals with high blood sugar levels. This is why it is important that you read the label and make sure that the bars are designed to be made without added sugar before you purchase them.
If the bars do contain sugar, then you should immediately eliminate them from your list of choices because consuming excessive amounts of sugar will ultimately cause you to gain weight and be more likely to suffer from health problems such as diabetes.
Premier 30g protein shakes are available both online and through major retail companies such as Costco.
When you shop online, you will find that the cost for the protein supplement bars and shakes are much cheaper than they are in stores. The biggest advantage to buying online is the fact that you do not have to drive to the store and stand in line for a product.
You can simply order them right away and have your product delivered directly to your home or office. Another advantage to buying online is the fact that you can find discounted prices and deals throughout the week. For those who spend an average amount of money per day at work, this could mean a substantial amount of savings.
There are some disadvantages to ordering Premier Protein Shakes through Costco however.
While the price is considerably lower when you buy the bars online versus in the store, you will only get one free 30 grams of protein drinks when you buy any of their products. When the trial offers run out, you will have to pay the full amount to keep your account active.
This means that if you have a few pounds to lose before trying the shakes, you probably will have to settle for one of the cheaper versions of the bars instead of the ones that come with trial offers.
