Klammer v. Mondelez International, Inc.

Background

Avi Klammer sued Mondelez International, Inc. over the labeling of Enjoy Life Lentil Chips. He alleged that the product was labeled “high protein” and “protein-packed” even though it was not a high-protein snack or a good source of protein. He focused in this amended complaint on Mondelez’s alleged failure to list the corrected amount of protein per serving as a percentage of daily value in the Nutrition Facts panel, as required when a product makes a protein claim under the cited Food and Drug Administration regulations.

Klammer asserted that the labels were unlawful and misleading under his consumer-protection theories. He also continued to challenge “better for you” and “one of the best sources of plant-based protein.”

Motion-to-dismiss standard

Mondelez moved to dismiss under Federal Rule of Civil Procedure 12(b)(6), which tests whether a complaint alleges enough facts to state a legally valid claim. At this stage, the court generally accepts the complaint’s factual allegations as true and asks whether the claims are plausible.

Protein-label claims

The court held that Klammer plausibly alleged that “high protein lentils” was an implied nutrient-content claim because it suggested that an ingredient was present at a particular protein level. The court likewise held that “protein-packed” could plausibly imply a level of protein and therefore qualify as a nutrient-content claim, even though the phrase is not specifically defined in the cited regulations.

Because the complaint plausibly alleged that the labels made protein claims without including the corrected protein amount as a percentage of daily value, the court denied the motion to dismiss on that theory. The court also rejected Mondelez’s argument that Klammer could not have relied on the omission because the label disclosed that the product contained three grams of protein per serving. Klammer alleged that he read the Nutrition Facts panel, used it to compare products, preferred products providing more of the recommended daily amount of protein, and would not have bought the chips had the corrected percentage been disclosed. The court found those allegations sufficient at the pleading stage.

The court further held that Klammer plausibly alleged that the omission made the protein statements misleading and that the statements themselves could mislead a reasonable consumer into believing that the product was a good source of protein. The court stated that whether the statements were misleading would ordinarily be a factual question not appropriate for resolution on a motion to dismiss.

Other label statements

The court dismissed Klammer’s claims to the extent they were based on “better for you” and “one of the best sources of plant-based protein.” It found that Klammer had not sufficiently alleged that those statements were actionable misrepresentations rather than non-actionable promotional language, explained how they were misleading, or alleged reliance on them.

Disposition

The court granted Mondelez’s motion to dismiss with respect to the claims based on “better for you” and “one of the best sources,” and denied the motion in all other respects. The remaining claims may proceed. The court also ordered the parties to appear for a case-management conference on October 13, 2023, and to file a joint case-management statement by October 6, 2023.