Tuesday, March 17, 2026

Latest from Food Politics: Lawsuit #1: David's protein bars

This week, I’m going to be writing about lawsuits against food companies, starting with the class action lawsuit filed against David Protein, which states that the company misrepresented the calorie and fat content of its bars. Here is a Nutrition ...
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By Marion Nestle

Lawsuit #1: David’s protein bars

This week, I’m going to be writing about lawsuits against food companies, starting with the class action lawsuit filed against David Protein, which states that the company misrepresented the calorie and fat content of its bars.

Here is a Nutrition Facts panel from the company’s website.

The FDA allows several methods for counting calories in food products, one of which is to apply Atwater values, 4 calories per gram for protein and carbohydrate, and 9 calories per gram for fat (this is why fat is fattening).

Doing that here gives:

Fat: 2.5 x 9     =    23 (rounded off)

Carbs: 12 x 4  =    48

Protein: 26 x 4 = 104

Total calories  =   175

This is higher than what’s on the label.  But calories are difficult to measure accurately, so the FDA allows a 20% margin of error.

But the difference must have gotten the attention of the plaintiffs.

They took the product and burned it in a bomb calorimeter, a device that measures the heat produced when foods are burned to completion.  This heat is equivalent to calories, when corrected for the nitrogen in protein.

Here is what the plaintiffs got when they did this.

Wow.  That’s quite a difference.

But David’s has a rebuttal.

…bomb calorimetry is not the right testing method for determining calories in foods containing certain ingredients, such as dietary fiber, certain sweeteners, and, critically for us, fat substitutes like esterified propoxylated glycerol (EPG)…If you burn ingredients like complex carbohydrates, fiber or EPG in a calorimeter, these ingredients would appear to deliver far more calories than the body actually metabolizes.

This took me right to the ingredient list (see above)

PROTEIN SYSTEM: MILK PROTEIN ISOLATE, COLLAGEN, WHEY PROTEIN CONCENTRATE, EGG WHITE. | BINDING SYSTEM: MALTITOL, GLYCERIN, ALLULOSE, TAPIOCA STARCH, SOY LECITHIN. | FAT SYSTEM: MODIFIED PLANT FAT (EPG), COCONUT OIL. | FLAVOR SYSTEM: UNSWEETENED CHOCOLATE, PEANUT FLOUR, NATURAL AND ARTIFICIAL FLAVOR, PEANUT EXTRACT, SALT, DUTCH PROCESS COCOA POWDER, SUCRALOSE, ACESULFAME POTASSIUM.

My first question: Why would anyone want to eat a collection of concocted ingredients like this with hardly any of them recognizable as food?  These bars are quintessential ultra-processed products.

Whatever.  EPG is esterified propoxylated glycerol, a fat substitute. It provides less than one calorie per gram.

Here’s my quote from the New York Times

Dr. Marion Nestle, a professor emerita of nutrition and food studies at N.Y.U., told DealBook that the plaintiffs’ claims were based on counting calories from a “concocted ingredient that’s not absorbed” by the body. The lawsuit was likely to be dismissed, she added.

Not that Nestle was weighing in on the healthfulness of David bars: “Whether anyone should be eating non-absorbable fat is another discussion,” she said.

Precisely.

The post Lawsuit #1: David’s protein bars appeared first on Food Politics by Marion Nestle

Now Available: What to Eat Now

My new book, What to Eat Now, is officially out!

It's both a field guide to food shopping in America and a reflection on how to eat well—and deliciously.

For more information and to order, click here.

You can explore the full archive of this (almost) daily blog at foodpolitics.com, where you'll also find information about my books, articles, media interviews, upcoming lectures, favorite resources, and FAQs.

​​​​​​​

Marion Nestle

Paulette Goddard Professor of Nutrition, Food Studies, and Public Health at New York University, Emerita

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Monday, March 16, 2026

Latest from Food Politics: Industry-funded study of the week: Magnesium L-threonate

I learned about this one from a sponsored article in the online newsletter, NutraIngredients: Magnesium L-threonate delivers effective cognitive support, studies show:  Demand for cognitive health support has never been higher. Unique ingredient can ...
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By Marion Nestle

Industry-funded study of the week: Magnesium L-threonate

I learned about this one from a sponsored article in the online newsletter, NutraIngredients:

Magnesium L-threonate delivers effective cognitive support, studies show:  Demand for cognitive health support has never been higher. Unique ingredient can unlock high magnesium bioavailability, studies show…. Read more. 

I went right to the site it and saw this, first thing:

When I clicked on “Learn more,” I got this:

Translation: This article looks like a scientific report but it’s actually an ad for the supplement, magnesium L-threonate, which Threotech patents and markets as Magtein.  Indeed, Threotech says it is “Dedicated to the worldwide expansion of Magtein.”

The article summarizes studies showing impressive improvements in memory and cognition with this supplement, and provides a bunch of references to studies, some of which were also funded by Threotech.

When I say things like this, companies write me in despair: If they don’t do the studies, who will?

That’s my point.

Studies like these are important for selling supplements.

But magnesium is widely available in the diet: “Good sources of magnesium include green leafy vegetables, legumes, nuts, seeds, whole grains….”

Magnesium is another reason for eating plenty of foods from plant sources.

The post Industry-funded study of the week: Magnesium L-threonate appeared first on Food Politics by Marion Nestle

Now Available: What to Eat Now

My new book, What to Eat Now, is officially out!

It's both a field guide to food shopping in America and a reflection on how to eat well—and deliciously.

For more information and to order, click here.

You can explore the full archive of this (almost) daily blog at foodpolitics.com, where you'll also find information about my books, articles, media interviews, upcoming lectures, favorite resources, and FAQs.

​​​​​​​

Marion Nestle

Paulette Goddard Professor of Nutrition, Food Studies, and Public Health at New York University, Emerita

© Marion Nestle. You're receiving this email because you've signed up to receive updates from us.

If you'd prefer not to receive updates, you can unsubscribe.

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Latest from Food Politics: Lawsuit #1: David's protein bars

This week, I’m going to be writing about lawsuits against food companies, starting with the class action lawsuit filed against David Protein...