Dave’s Killer Bread Can’t Shake Protein Content Deception Suit

Consumers alleging Dave’s Killer Bread Inc. misrepresented the amount of protein per serving in more than a dozen of its products can proceed with all of their claims except for their bid for an injunction, a federal judge said.

Federal law doesn’t preempt the bulk of the claims, but the consumers’ claim for injunctive relief failed because they failed to plead future harm, the US District Court for the Northern District of Illinois said Jan. 10. That claim was dismissed without prejudice.

The US Food and Drug Administration requires food products to include nutritional information. It also requires manufacturers to ...