SlimFast Protein Deception Claims Advance in Proposed Class Suit

A SlimFast smoothie mix canister label could make consumers think they need not add milk to achieve the stated amount of protein per serving, a California federal court said in advancing some false-ad claims against owner KSF Acquisition Corp.

Although the need to add milk is set forth on an instruction panel on the product, that disclosure is in much smaller type and surrounded by other information, the US District Court for the Northern District of California said Nov. 23 in partially denying KSF’s motion to dismiss a proposed class action by consumer Elena Nacarino.

Consumers aren’t duty-bound to validate ...