In the Beyond Meat label cited in Don Lee Farms’ complaint, 20g protein is highlighted on the front of pack, and 40%DV protein on the back, which, alleges the complaint, implies that all 20g of protein is available (40% of the recommended 50g/day is 20g), suggesting a PDCAAS score of 1.0.Īccording to tests of Beyond Meat products sold at leading retailers by an “independent and internationally accredited food-testing laboratory following AOAC International official methods of analysis,” however, the average PDCAAS scores of Beyond Beefy Crumbles and the Beyond Burger were 0.645 and 0.8875 respectively, claims Don Lee Farms. ‘Beyond Meat’s lower PDCAAS scores have caused Defendants to overstate the daily protein value on these flagship products by between 12% and 30%’Īs plant proteins such as pea (the main protein in Beyond Meat products) have a lower PDCAAS score than animal proteins such as whey, casein, and egg (which with a PDCAAS of 1.0 are considered the ‘gold standard’ in terms of quality and digestibility), they are often combined with other plant proteins with a different amino acid profile such as rice, in order to increase the overall PDCAAS score. This means that two brands which both claim 20g total protein (via nitrogen testing) on the front of pack, could technically have different %DV figures on the back of the label, if they are using different protein sources, and one has a lower PDCAAS score than another. However, the percentage of the daily value (%DV) for protein listed on the Nutrition Facts panel for brands making such front of pack protein claims is calculated by a different method (PDCAAS or Protein Digestibility Amino Acid Corrected Score), which ‘corrects’ the total protein figure based on the quality/digestibility of the protein. Total grams of protein per serving - which many brands now choose to highlight on the front of the pack - can be calculated using a nitrogen-based**** testing method. Protein content is a particularly hot topic when it comes to labeling for plant-based products, partly due to the way percentage daily values are calculated.
One source also noted that “ it is not uncommon” for a company planning on suing a rival to tip off a plaintiff consumer class action lawyer to apply further pressure, pointing out that it would be a “ pretty crazy coincidence” that two suits on this issue were filed in the same week without the parties working “ with at least some kind of background knowledge of each other” given that the lab testing in the cases took place a couple of months ago.ĭon Lee Farms declined to comment on the above speculation, but issued a short press release about the case in which it referenced its ongoing litigation with its former partner, featuring the headline, 'Something is really wrong at Beyond Meat.' Protein claims a hot topic in food litigation Sources FoodNavigator-USA spoke to on Thursday who are not directly involved in the case speculated that Don Lee Farms could be seeking to exert maximum pressure on Beyond Meat to settle its ongoing dispute by drumming up negative publicity ahead of the trial.
So what do legal experts make of these cases? and treating it with methyl chloride.’”īeyond Meat has not addressed the specific claims in the lawsuits, but told this publication that the “allegations in the filings lack merit and we are prepared to vigorously fight this in court.” A ‘pretty crazy coincidence’ “ The scientific literature recognizes that methylcellulose ‘does not occur naturally and is synthetically produced by heating cellulose with a caustic solution. While the source material for methylcellulose, a binder used by most leading plant-based burger brands including the Impossible Burger, is made by modifying a natural plant-based substance (cellulose, the fibrous material in plant cell walls), methylcellulose itself " does not occur naturally," argues Don Lee Farms. The lawsuit from Don Lee Farms***, filed in California on June 2, 2022, alleges that Beyond Meat “ grossly overstates” the %DV of protein in key products, and falsely presents its products as ‘made without synthetically produced ingredients,’ ‘all-natural’ (a term Beyond Meat no longer deploys on its website), and ‘made from plants,’ despite using ‘synthetic’ ingredient methylcellulose. The consumer class action, filed on May 31 in Illinois by Adam Sorkin** et al., alleges that Beyond Meat misstates both the total and percentage daily value (%DV) of protein on multiple products. Emulsifiers, stabilizers, hydrocolloids.Chocolate and confectionery ingredients.Carbohydrates and fibers (sugar, starches).
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