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

Adam Kielich The Kielich Law Firm

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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