This Protein Labeling Mistake Will Get Your Brand Sued

Protein is having a moment with many consumers trying to hit daily protein goals well above the levels in standard dietary advice. In the rush to capitalize on the protein trend, many companies make a labeling mistake that creates real litigation exposure: touting protein content on the front of pack or elsewhere on the label without properly disclosing it in the Nutrition Facts Panel.

This labeling mistake has become a popular target for consumer class action litigation, particularly against brands using plant-based or blended protein sources.

Here is what every food brand needs to understand before making a protein claim.

What Counts as a “Protein Claim”?

Any statement about protein content that appears anywhere on the label outside the Nutrition Facts Panel is a protein claim. This includes claims like “high protein” or “good source of protein,” but it also includes simple factual statements like “10 g protein.”

If you say anything about protein outside the Nutrition Facts Panel, you have made a claim, and that claim triggers specific disclosure obligations inside the panel.

The Disclosure Requirement Brands Miss

Under FDA regulations, percent Daily Value (%DV) for protein is not required in the Nutrition Facts Panel for most foods, and many manufacturers leave it off. That exemption disappears the moment a protein claim is made anywhere on the label.

If your label includes a protein claim, FDA regulations require you to also list the %DV for protein in the Nutrition Facts Panel. But this is not as simple as dividing the grams of protein by 50 g (the total recommended daily intake for protein) because not all proteins are equal in terms of usability in the human body.

To account for differences in protein quality, FDA requires that the %DV be calculated using the Protein Digestibility Corrected Amino Acid Score (PDCAAS) of the food, not the raw gram count.

What Is PDCAAS?

PDCAAS accounts for both the amino acid profile of the protein and how digestible it is. Two products can each contain 10 grams of protein per serving and have very different %DV figures once digestibility and amino acid profile are factored in. A brand that declares %DV based on raw grams of protein rather than corrected for PDCAAS may significantly overstate the actual protein value delivered to the consumer.

This distinction is especially important for plant-based proteins. The highest PDCAAS is 1. Many plant proteins, such as those derived from pea, rice, or wheat, have lower PDCAAS scores because they are less completely digested or have lower amounts of certain essential amino acids. Plant proteins may have PDCAAS values of 0.4 to 0.9. Collagen, which is missing an essential amino acid, has a PDCAAS of zero. To find out the PDCAAS value of your product, have it analyzed by a reputable food testing laboratory.

To properly determine the protein %DV of a food, the grams of protein (as measured with a nitrogen method) is multiplied by the PDCAAS to arrive at the corrected grams of protein, which is then divided by the 50 g daily value.

Steps to Protect Your Brand

1. Audit every label and marketing copy to confirm whether any of it includes a protein claim.
2. If you make protein claims, commission a PDCAAS analysis from a qualified lab for the actual protein sources in your formulation, and use that corrected score, not raw protein grams, to calculate your %DV.
3. Be sure that all NFPs for products with protein claims include the corrected %DV based on the PDCAAS of the food.

Protein claims can be a powerful marketing tool, but only if labeled correctly. Getting the %DV calculation right is not just good compliance practice; it is critical to avoid being the next recipient of a class action demand letter.

Have questions about your protein labeling or want a label review before you go to print? Get in touch with us to make sure your claims are compliant and defensible.