False Ad Suit Over Protein Drink's Vanilla Flavor Tossed

Law360 (October 28, 2020, 5:16 PM EDT) -- A New York federal judge has thrown out claims that a protein drink maker's products mislead consumers into thinking they're flavored only with vanilla extract, saying the drinks promise only vanilla flavor and deliver exactly that.

In an order filed Tuesday, U.S. District Judge Valerie E. Caproni dismissed with prejudice the proposed class action led by Tania Pichardo and Jennifer Jones against New Jersey-based Only What You Need Inc., saying "fundamental flaws" in the amended complaint make any further amendments futile.

Pichardo and Jones sued the company in January, alleging that it had falsely advertised its "Smooth Vanilla" protein drink, because...

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