Nestlé Health Science is facing a proposed class action lawsuit in California federal court that accuses the company of deceptively marketing its Carnation Breakfast Essentials drink as a nutritious, protein-rich “breakfast essential” when, in reality, it is largely composed of sugar and water.
The 29-page complaint, filed Monday by Eric Testori of Bakersfield, claims Nestlé misleads health-conscious consumers by prominently advertising “10g protein” on its packaging, implying the beverage provides balanced nutrition suitable as a breakfast replacement.
But according to the lawsuit, that glossy promise hides a sugary truth. Each serving allegedly contains 12 grams of added sugar—about 24% of the recommended daily limit—while its first two ingredients are water and glucose.
“A product whose first two ingredients are water and glucose, and which delivers more sugar than protein, cannot truthfully be marketed as a nutritional ‘breakfast essential,’” the complaint asserts.
Deceptive Labeling and Regulatory Violations
The lawsuit argues Nestlé’s marketing tactics exploit consumers’ growing interest in protein and healthy eating while downplaying the product’s high sugar content. Under FDA regulations, manufacturers must disclose added sugars and their contribution to daily nutritional values, ensuring transparency for shoppers making dietary decisions.
The Federal Trade Commission (FTC) also warns that highlighting a beneficial nutrient—like protein—without revealing offsetting drawbacks, such as excess sugar, can constitute misleading advertising.
“Under FDA and FTC guidelines,” the suit states, “a product cannot be lawfully represented as a ‘nutritional drink’ or an ‘essential’ part of breakfast if its sugar levels contradict those claimed health benefits.”
