Legal Question in Consumer Law in Texas

As part of a strict diet to support an intense period of working out, I used products from a franchised chain that published its products to be low calorie, high protein, and low carb. After using their products daily for several weeks, I didn’t notice much difference in my physique. I decided to have the products independently tested at a lab to confirm the true amount of calories/protein/carbs I was eating. Some of the results are as follows:

• Product A – Expected Protein 90g – Actual Protein 44.5g

• Product B – Expected Protein 45g – Actual Protein 24.5g

• Product C – Expected Protein 45g – Actual Protein 31g

• Product D – Expected Calories 180 – Actual Calories 267

• Product E – Expected Sugar 0 – Actual Sugar 23g

The company targets those trying to eat healthy. I used their products based on their published nutritional guidelines. I’m upset that I wasted a lot of time, early morning workouts, and money due to their misrepresentation of their products. Do I have a claim against this company?


Asked on 3/16/15, 11:07 am

1 Answer from Attorneys

You may have some claims for false advertising but I'm not sure the merits of your claims lie in claiming the workouts were a waste of time. Even with some of the variance in sugar, protein and carbs, you would still have received some benefits from the workouts.

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Answered on 3/23/15, 11:31 pm


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