Protein Powder Maker Defeats Consumers’ PFAS Deception Claims

Consumers who alleged Kos Inc. tricked customers into thinking its protein powder was “organic” despite the presence of PFAS didn’t plausibly show that the products actually contained the chemicals, a federal judge said.

The US District Court for the Southern District of New York on Monday dismissed the consumers’ complaint without prejudice.

Though the consumers said they tested the products they bought for PFAS, they didn’t “mention any facts about what the testing even entailed,” Judge Nelson S. Román said.

Plaintiffs Catherine Barnes and Elizabeth Menkowitz alleged Kos deceptively advertised its plant-based protein powder as “wellness” and “superfood” products that ...