NEW YORK - The maker of Kodiak Cakes waffles and other foods that are marketed as "Protein-Packed" is facing a class-action lawsuit.
Baker Mills is accused of deceptively labeling Kodiak Cakes by overstating the amount of protein they contain.
The plaintiffs claim that the products contain 17% less protein than the 14 grams that are listed on the packaging. They also allege that the products contain even less "biologically available" protein because they contain lower value wheat and pea protein.
Get breaking news alerts in the free FOX5NY News app!
The suit also claims that the Utah-based company's nutrition panel does not include the percent daily value of protein as required by federal regulations.
Alex Hinkley, a New York man, is one of the lead plaintiffs. The suit claims that he purchased Kodiak Cakes flapjack and waffle mixes from 2019 until February 2021 based on the labeling. Hinkley claims that he was misled and he would not have made the purchases if he knew the product contained less protein.
The suit asks for unspecified compensatory and punitive damages, restitution, and legal fees.
A spokesperson for Kodiak Cakes says the company does not comment on pending litigation. They did say that "all of our products contain the amounts of protein we represent they do and we are vigorously defending against the claims in this complaint."