A federal judge has dismissed several of the claims made against an Ankeny company accused of defrauding consumers by overstating the amount of protein in its nutritional products.
The lawsuit against Bowmar Nutrition is also being challenged on the grounds that consumers can’t claim to be harmed by false product claims once they’ve learned those claims are misleading.
A dozen individuals are suing the Ankeny-based Bowmar Nutrition seeking class-action status for their case and more than $5 million in damages. The lawsuit, initiated last October, has alleged consumer fraud, deceptive business practices and unjust enrichment on the part of the company.
The plaintiffs in the case are individual consumers who live in Iowa, Texas, New Jersey, California, Florida, and other states. They allege they relied upon claims made by Bowmar about the content of its protein-fortified products, which include nutrition bars and powders. Those claims are made on product labels and on the company’s website and, the plaintiffs allege, they significantly overstate the amount of protein in each product.
According to the consumers, testing performed by reputable laboratories have established that some of the products manufactured by Bowmar have 10% to 67% fewer grams of protein than advertised. The consumers claim they suffered economic injury from Bowmar’s “fraudulent and deceptive conduct.”
As initially written, the lawsuit’s claims are based on the false-advertising statutes of 12 different...
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