PLAINTIFF: The complaint was filed by plaintiff Sanaa Clemente, individually and on behalf of others similarly situated.

DEFENDANT: Jocko Fuel, LLC

COURT: United States District Court for the Southern District of New York

CLASS: The Class is defined as all consumers who purchased the Product anywhere in the United States during the Class Period

ALLEGATIONS: According to the complaint, Jocko Fuel manufactures, markets, advertises, and sells a ready-to-drink product called the Jocko Mölk Protein Shake Chocolate (the “Product”). Plaintiff alleges the Product was labeled and marketed with statements promoting it as “clean fuel,” free of artificial sweeteners, colors, or hidden ingredients, and “third party tested” for purity, potency, and safety, but that the packaging and ingredient labeling omitted that the Product contains, or is at risk of containing, unsafe levels of the heavy metal cadmium. The complaint states that independent testing demonstrates the Product purchased by the plaintiff is contaminated with cadmium.

The complaint states that the Product’s packaging lists ingredients but does not identify cadmium or warn of its inclusion or potential inclusion. The plaintiff alleges that consumers cannot reasonably test for cadmium at the point of sale and therefore rely on manufacturers’ labeling and marketing. The complaint asserts that defendant had superior knowledge about its manufacturing processes and the risk of cadmium contamination and that defendant could have tested for cadmium and disclosed it but did not do so. The plaintiff alleges injury in the form of overpayment, loss of the benefit of the bargain, and receipt of a product of lesser value or that is “worthless” because it contains a harmful heavy metal.