Case 2:22-cv-04405-FLA-RAO Document 1 Filed 06/28/22 Page 1 of 55 Page ID #:1
`
`LOCKRIDGE GRINDAL NAUEN P.L.L.P.
`Rebecca A. Peterson (241858)
`100 Washington Ave S., Suite 2200
`Minneapolis, MN 55401
`Telephone: (612) 339-6900
`Facsimile: (612) 339-0981
`E-mail: rapeterson@locklaw.com
`
`[Additional Counsel on Signature Page]
`
`Attorneys for Plaintiffs
`
`UNITED STATES DISTRICT COURT
`FOR THE CENTRAL DISTRICT OF CALIFORNIA
`
`2:22-cv-4405
`
`) Case No.
`)
`) CLASS ACTION COMPLAINT
`
`))
`
`GERALD DELOSS and STAN
`ZAKINOV, individually and on
`behalf of all others similarly
`situated
`
` (1) BREACH OF EXPRESS WARRANTY;
` ) (2) BREACH OF IMPLIED WARRANTY;
` PLAINTIFFS,
`) (3) FRAUDULENT
`) MISREPRESENTATION;
`) (4) FRAUD BY OMISSION;
`) (5) NEGLIGENT MISREPRESENTATION;
`) (6) UNJUST ENRICHMENT;
`) (7) VIOLATIONS OF CALIFORNIA
`) LEGAL REMEDIES ACT;
` ) (8) VIOLATIONS OF THE CALIFORNIA
`) FALSE ADVERTISING LAW;
`) (9) VIOLATIONS OF CALIFORNIA
`) UNFAIR COMPETITION LAW;
`) (10) VIOLATIONS OF ILLINOIS
`) CONSUMER FRAUD AND DECEPTIVE
`_____________________________ ) BUSINESS PRACTICES ACT.
`
`v.
`
`BEYOND MEAT, INC.,
`
`DEFENDANTS.
`
`JURY TRIAL DEMANDED
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`Case 2:22-cv-04405-FLA-RAO Document 1 Filed 06/28/22 Page 2 of 55 Page ID #:2
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`INTRODUCTION
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`1.
`
`Plaintiffs Gerald DeLoss and Stan Zakinov, individually and on
`
`behalf of all others similarly situated, by and through their undersigned
`
`attorneys, bring this Class Action Complaint against Defendant Beyond Meat,
`
`Inc. (“Beyond Meat”) for its negligent, reckless, and/or intentional practice of
`
`misrepresenting the content, quality, and benefits of Beyond Meat products
`
`(“Products”) and omitting the presence of synthetic ingredients on the labels,
`
`packaging, and advertising of these Products sold throughout the United
`
`States, including this District. Plaintiffs served on Beyond Meat a California
`
`Consumer Legal Remedies Act (CLRA) letter on June 22, 2022, and currently
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`bring this action on behalf of the proposed Class and Subclasses (as defined
`
`below) solely for injunctive relief under the CLRA, restitution under
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`California Unfair Competition Law, and for damages and equitable remedies
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`for the remainder of the claims for themselves(s) and members of the Class.
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`If no corrective action is taken by Beyond Meat within the statutory period,
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`Plaintiff will amend the Complaint to seek further remedies under the CLRA.
`
`Plaintiffs allege the following based upon personal knowledge as well as
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`investigation by their counsel and, as to all other matters, upon information
`
`and belief. Plaintiffs believe that a reasonable opportunity for discovery will
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`reveal substantial evidentiary support for the allegations set forth herein.
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`Case 2:22-cv-04405-FLA-RAO Document 1 Filed 06/28/22 Page 3 of 55 Page ID #:3
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`PARTIES
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`2.
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`Plaintiff Gerald DeLoss is a resident of Highland Park, Illinois,
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`and purchased the Products for his personal use. Plaintiff DeLoss purchased
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`Beyond Meat Products including Beyond Burger Plant-Based Patties and
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`Cookout Classic Plant-Based Burger Patties. Plaintiff DeLoss purchased the
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`Products from the grocery stores Jewel, Whole Foods, and Target in Highland
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`Park, Illinois during the Class Period (as defined below). Prior to purchasing
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`the Products, Plaintiff DeLoss saw Beyond Meat’s claims on the packaging
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`including those relating to protein content, “healthy,” “organic,” and
`
`“natural,” which he relied on in deciding to purchase the Products. During
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`that time, based on Beyond Meat’s material omissions and false and
`
`misleading claims, representations, advertisements, and any other marketing
`
`by Beyond Meat, Plaintiff DeLoss was unaware that the Products did not
`
`contain the quantity or quality of protein advertised, the proteins advertised
`
`did not have the advertised health benefits, and the Products did not include
`
`only organic materials. Plaintiff DeLoss would not have purchased the
`
`Products, or he would not have paid as much for the Products if that
`
`information was fully disclosed. Plaintiff DeLoss was injured by purchasing
`
`the Products whose value was less than what he paid for based on the
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`Case 2:22-cv-04405-FLA-RAO Document 1 Filed 06/28/22 Page 4 of 55 Page ID #:4
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`misrepresentations of the content, quality, and benefits of protein in the
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`Products, and the presence of inorganic ingredients.
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`3.
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`Plaintiff Stan Zakinov is a resident of Cypress, Texas. While
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`residing in San Diego, California, he purchased Beyond Burger, Meatballs,
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`and Ground Beef from Smart and Final, Vons, and Sprouts between January
`
`2019 and November 2021 in California. Plaintiff Zakinov relied on the label
`
`on Beyond Meat Products regarding the protein content and quality. Plaintiff
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`Zakinov also relied on the marketing and packaging that the Beyond Meat
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`Product Plaintiff Zakinov was all natural, organic, and healthy, and believed
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`they were high quality products. During that time, based on Beyond Meat’s
`
`material omissions and false and misleading claims, representations,
`
`advertisements, and any other marketing by Beyond Meat, Mr. Zakinov was
`
`unaware that the Products did not contain the quantity or quality of protein
`
`advertised, did not have the advertised health benefits, and the product
`
`contained artificial, synthetic materials. Plaintiff Zakinov would not have
`
`purchased the Products, or he would not have paid as much for the Products
`
`if that information was fully disclosed. Plaintiff Zakinov was injured when he
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`purchased the Products which have less value than what he paid for based on
`
`the misrepresentations of the content, quality, and benefits of protein in the
`
`Products, and the presence of inorganic ingredients.
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`Case 2:22-cv-04405-FLA-RAO Document 1 Filed 06/28/22 Page 5 of 55 Page ID #:5
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`4.
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`As a result of Beyond Meat’s negligent, reckless, and/or
`
`knowingly deceptive conduct as alleged herein, Plaintiffs were injured when
`
`they purchased the Products that did not deliver what was promised. They
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`purchased the Products based on the assumption and understanding that the
`
`labeling of the Products was accurate and that it provided the content and
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`quality of protein as advertised and contained only organic ingredients.
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`Plaintiffs would not have paid as much for the Products had they known that
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`the Beyond Meat Products did not contain the advertised level and quality of
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`protein or did not contain only all natural and organic ingredients. Further,
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`Plaintiffs desire to purchase these Products in the future, but only if they can be
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`assured that the Products actually contain the advertised %DV of protein, and are
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`made from all-natural ingredients as advertised, and do not contain artificial
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`and/or synthetic ingredients and/or any other ingredients or contaminants that do
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`not conform to the packaging claims. Should Plaintiffs encounter Beyond Meat
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`Products in the future, they could not rely on the truthfulness of the packaging,
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`absent corrective changes to the packaging and advertising of the Products.
`
`5.
`
`Defendant Beyond Meat, Inc. was founded in 2009 and is
`
`incorporated in Delaware. It has its headquarters at 1325 East El Segundo
`
`Boulevard., El Segundo, California, 90245.
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`Case 2:22-cv-04405-FLA-RAO Document 1 Filed 06/28/22 Page 6 of 55 Page ID #:6
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`6.
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`Beyond Meat formulates, develops, manufactures,
`
`labels,
`
`distributes, markets, advertises, and sells Beyond Meat Products throughout
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`the United States, including in this District, during the Class Period. The
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`advertising, labeling, and packaging for the Beyond Meat Products, relied
`
`upon by Plaintiffs, were prepared, reviewed, and/or approved by Beyond Meat
`
`and its agents in California, and were disseminated from California by
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`Defendant and its agents through marketing, advertising, packaging, and
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`labeling that contained the misrepresentations alleged herein. The marketing,
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`advertising, packaging, and labeling for the Beyond Meat Products were
`
`designed to encourage customers to purchase the Products and misled the
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`reasonable consumer, i.e., Plaintiffs and the Class, into purchasing the
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`Products. Beyond Meat owns, manufactures, and distributes the Beyond Meat
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`Products, and created, allowed, negligently oversaw, and/or authorized the
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`unlawful, fraudulent, unfair, misleading, and/or deceptive labeling and
`
`advertising for the Products.
`
`JURISDICTION AND VENUE
`
`7.
`
`This Court has original jurisdiction over all causes of action
`
`asserted herein under the Class Action Fairness Act, 28 U.S.C. § 1332(d)(2),
`
`because (1) the members of the Class exceed 100; (2) the citizenship of at
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`least one proposed Class member is different from that of the Defendant, and
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`Case 2:22-cv-04405-FLA-RAO Document 1 Filed 06/28/22 Page 7 of 55 Page ID #:7
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`(3) the matter in controversy exceeds the sum or value of $5,000,000 exclusive
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`of interest and costs.
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`8.
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`Venue is proper in this Court pursuant to 28 U.S.C. §§ 1391(b)
`
`and 1391(c) because Defendants reside in this district, Plaintiffs have suffered
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`injury as a result of Beyond Meat’s acts in this District, many of the acts and
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`transactions giving rise to this action occurred in this District, Beyond Meat
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`conducts substantial business in this District, Beyond Meat has intentionally
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`availed itself of the laws and markets of this District, and Beyond Meat is
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`subject to personal jurisdiction in this District.
`
`FACTS
`
`A. Background
`
`Beyond Meat manufactures and sells meat substitute products.
`
`9.
`
`These Products are made primarily of plant proteins derived from peas, mung
`
`beans, fava beans, and brown rice, plant-based fats such as cocoa butter,
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`carbohydrates such as potato starch, and other ingredients.1
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`10. Beyond Meat holds itself out as a producer of products that
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`contain high quantities of protein. Indeed, Beyond Meat has described its
`
`Products as “the future of protein,” which the company hopes to “perfectly
`
`
`1 Beyond Meat (last visited June 8, 2022), https://www.beyondmeat.com/en-
`US/about/our-ingredients/.
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`Case 2:22-cv-04405-FLA-RAO Document 1 Filed 06/28/22 Page 8 of 55 Page ID #:8
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`
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`replace animal protein with plant protein.”2 Beyond Beef Products have been
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`prominently featured beside packaged meat in certain grocery stores.3 Ethan
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`Brown, founder and CEO of Beyond Meat, claims that 93 percent of people
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`purchasing a Beyond Burger are not vegan or vegetarian,4 and the Beyond
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`Beef website specifically states “Part of our vision is to re-imagine the meat
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`section [in grocery stores] as the Protein Section of the store. In this way, we
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`can help introduce plant-based options to people where they are already
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`purchasing other forms of protein.”5 Resultantly, Beyond Beef aggressively
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`advertises the protein content of its Products on their packaging and in print
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`and digital advertising.
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`11. Additionally, Beyond Meat advertises its Products as nutritious
`
`options, free of GMOs and synthetic ingredients.6 In interviews, CEO Ethan
`
`
`2 Frequently Asked Questions, Beyond Meat (last visited June 8, 2022),
`https://web.archive.org/web/20200617180303/https://www.beyondmeat.com/faq
`s/ (capturing the Beyond Meat website on June 17, 2020).
`3 Beyond Meat is Having a Global Influence on How Brands Merchandise Vegan
`Protein,
`LiveKindly
`(last
`visited
`June
`8,
`2022),
`https://www.livekindly.co/beyond-meat-having-global-influence-how-brands-
`merchandise-vegan-protein/.
`4 93% of People Buying the Beyond Burger Are Meat Eaters, LiveKindly, (last
`visited June 8, 2022), https://www.livekindly.co/beyond-burger-statistics-meat-
`eaters/.
`2022),
`8,
`June
`visited
`(last
`Beyond Meat
`5
`Products,
`https://web.archive.org/web/20200604185224/https://www.beyondmeat.com/pro
`ducts/the-beyond-burger/. (capturing the Beyond Meat website on June 4, 2020).
`6 See, e.g., Anna Starostinetskaya, Octavia Spencer Stars in Beyond Meat’s First
`Commercial,
`VEGNEWS
`(Aug.
`3,
`2020),
`Television
`8
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`Case 2:22-cv-04405-FLA-RAO Document 1 Filed 06/28/22 Page 9 of 55 Page ID #:9
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`Brown has said that the Products contain “nothing artificial” and that the
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`company is committed to using “no artificial ingredients.”7
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`12. The Beyond Meat Products include but are not limited to the
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`following: Beyond Burger Plant-Based Patties, Beyond Breakfast Sausage,
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`Beyond Meat Jerky, Beyond Sausage, Beyond Beef Crumbles, Beyond
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`Ground Beef, Beyond Beef Mince, Beyond Chicken, and Beyond Meatballs.8
`
`B.
`
`Beyond Meat Overstates the Products’ Protein Content,
`Quality, and Benefits
`
`13. Protein is a vital part of a healthy diet and helps build and repair
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`muscles, oxygenate red blood cells, digest food, and process other body
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`chemicals, and regulate hormones.9 A high-protein diet has benefits
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`associated with building lean muscle, maintaining a healthy body weight, and
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`curbing appetite.10
`
`
`https://vegnews.com/2020/8/octavia-spencer-stars-in-beyond-meat-s-first-
`television-commercial.
`7 Beyond Meat
`is Having a Moment, BLOOMBERG (June 11, 2020),
`https://www.bloomberg.com/opinion/articles/2020-06-11/beyond-meat-bynd-
`ceo-ethan-brown-talks-growth-eating-trends#xj4y7vzkg; Tyler Clifford, Beyond
`Meat CEO Looks to “Win Consumers” Over During Meat Supply Shortage with
`CNBC
`(May
`6,
`2020),
`“Value
`Packs,”
`https://www.cnbc.com/2020/05/06/beyond-meat-ceo-looks-to-win-consumers-
`over-during-meat-shortage.html.
`8 Beyond Meat, (last visited June 8, 2022), https://www.beyondmeat.com/en-
`US/products/.
`9 Why is Protein Important in Your Diet?, Piedmont (last visited June 8, 2022),
`https://www.piedmont.org/living-better/why-is-protein-important-in-your-diet.
`10 Id.
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`Case 2:22-cv-04405-FLA-RAO Document 1 Filed 06/28/22 Page 10 of 55 Page ID #:10
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`14. The Recommended Dietary Allowance of protein – the amount
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`needed to maintain the health of 97-98% of individuals in groups according
`
`to age and gender – is 46 grams per day for women and 56 grams per day for
`
`men.11
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`15.
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`In addition to the importance of protein in our diets, studies have
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`found that consuming plant-based proteins specifically has health benefits,
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`such as reducing the risk of death from heart disease.12 A 2019 study found
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`that those who consumed more protein from animal-based sources in place of
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`plant-based sources increased their risk of death from chronic disease by
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`23%.13 As a result, many consumers seek out high protein foods generally,
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`and plant-based proteins in particular.
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`16. Beyond Meat holds itself out as a producer of such foods. As
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`noted above, Beyond Meat advertises its Products as excellent sources of
`
`plant-based protein. Indeed, during the Class Period, Beyond Meat advertised
`
`
`11 Sandi Busch, USDA Protein Requirements in Grams, SFGATE (Dec. 14, 2018),
`https://healthyeating.sfgate.com/usda-protein-requirements-grams-8619.html.
`12 Protein, Physicians Committee for Responsible Medicine (last visited June 8,
`2022),
`https://www.pcrm.org/good-nutrition/nutrition-
`information/protein#:~:text=Protein%20deficiency%20is%20almost%20unheard
`,get%20more%20than%20enough%20protein.
`13 Animal Protein Linked to Death in Those With Cancer, Diabetes, and Heart
`Disease, Physicians Committee for Responsible Medicine (Apr. 12, 2019),
`https://www.pcrm.org/news/health-nutrition/animal-protein-linked-death-those-
`cancer-diabetes-and-heart-disease.
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`Case 2:22-cv-04405-FLA-RAO Document 1 Filed 06/28/22 Page 11 of 55 Page ID #:11
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`that “our products deliver greater or equal levels of protein than their animal-
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`based counterparts.”14 The following are screenshots archived from the
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`official Beyond Meat website.15
`
`
`June 8, 2020),
`(last visited
`14 Our
`Ingredients, Beyond Meat
`https://web.archive.org/web/20200608112130/https:/www.beyondmeat.com/abo
`ut/our-ingredients/.
`15 As will be detailed infra, Beyond Meat appears to have eliminated from its
`website all references to “greater or equal levels of protein” than other meats, as
`well as reversed its claims about the presence of synthetic ingredients, generally
`around the time they were sued by two different Plaintiffs for false advertising
`and other related claims. Roberts, et al., v. Beyond Meat, Inc., Case No. 1:22-cv-
`02861, ECF No. 1 (N.D. Ill. May 31, 2022); Don Lee Farms v. Beyond Meat, Inc.,
`Case No. 2:22-cv-3751, ECF No. 1 (C.D. Ca. June 2, 2022); see also Our
`Beyond Meat,
`(last
`visited
`June
`8,
`2022),
`Ingredients,
`https://web.archive.org/web/20200608112130/https:/www.beyondmeat.com/abo
`ut/our-ingredients/ (capturing the Beyond Meat website on June 8, 2020).
`11
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`Case 2:22-cv-04405-FLA-RAO Document 1 Filed 06/28/22 Page 12 of 55 Page ID #:12
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`17. Additionally, almost every Beyond Meat product advertises its
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`protein quantity prominently on its packaging.
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`18. The amount of protein advertised on the front of the Products’
`
`packaging is listed in the ingredients as derived from a plant-based protein,
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`Case 2:22-cv-04405-FLA-RAO Document 1 Filed 06/28/22 Page 13 of 55 Page ID #:13
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`often “Pea Protein” or “Mung Bean Protein.”16 For example, the Beyond
`
`Burger Plant-Based Patties advertise “20G of Plant Protein Per Serving.”
`
`19. The ingredients label lists “Pea Protein” as the primary source of
`
`the advertised protein content.
`
`
`
`
`16 See e.g., Beyond Jerky Original, Beyond Meat (last visited June 8, 2022),
`https://www.beyondmeat.com/en-US/products/beyond-meat-
`jerky?variant=original; Beyond Beef, Beyond Meat (last visited June 8, 2022),
`https://www.beyondmeat.com/en-US/products/beyond-beef?variant=ground.
`13
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`Case 2:22-cv-04405-FLA-RAO Document 1 Filed 06/28/22 Page 14 of 55 Page ID #:14
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`20. The nutrition label calculates that the 20 grams of (pea-derived)
`
`protein represents 40% of the Daily Value of protein.
`
`21. The practice is the same for all Beyond Meat Products. For
`
`example:
`
`i.
`
`Beyond Meat Jerky
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`Case 2:22-cv-04405-FLA-RAO Document 1 Filed 06/28/22 Page 15 of 55 Page ID #:15
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`ii.
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`Beyond Breakfast Sausage Links
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`15
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`Case 2:22-cv-04405-FLA-RAO Document 1 Filed 06/28/22 Page 16 of 55 Page ID #:16
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`iii. Beyond Beef Crumbles
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`16
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`Case 2:22-cv-04405-FLA-RAO Document 1 Filed 06/28/22 Page 17 of 55 Page ID #:17
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`22. According to the FDA, the % Daily Value (%DV) “is the
`
`percentage of the Daily Value for each nutrient in a serving of the food. The
`
`Daily Values are reference amounts (expressed in grams, milligrams, or
`
`micrograms) or nutrients to consume or not to exceed each day. The %DV
`
`shows how much a nutrient in a serving of food contributes to a total daily
`
`diet. The %DV helps you determine if a food is high or low in a nutrient.”17
`
`
`17 How to Understand and Use the Nutrition Facts Label, U.S. Food & Drug
`Administration,
`https://www.fda.gov/food/new-nutrition-facts-label/how-
`understand-and-use-nutrition-facts-
`label#:~:text=The%20Daily%20Values%20are%20reference,to%20a%20total%
`20daily%20diet (last updated Feb. 25, 2022).
`17
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`Case 2:22-cv-04405-FLA-RAO Document 1 Filed 06/28/22 Page 18 of 55 Page ID #:18
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`
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`23. The United States Food and Drug Administration (“FDA”)
`
`governs the nutritional labeling of food, pursuant to the Food, Drug, and
`
`Cosmetics Act, 21 C.F.R. § 101.9(c)(7) (“FDCA”) and the Nutrition Labeling
`
`and Education Act of 1990.
`
`24. Under the FDCA, manufacturers must publish a product’s protein
`
`content on its nutritional label as “[a] statement of the number of grams of
`
`protein in a serving.” FDCA § 101.9(c)(7).
`
`25. Under the FDCA, in most circumstances, “[p]rotein content may
`
`be calculated on the basis of the factor of 6.25 times the nitrogen content of
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`the food as determined by the appropriate method of analysis as given in the
`
`‘Official Methods of Analysis of the AOAC International,’ except when
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`official AOAC procedures described in this paragraph . . . require [another]
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`factor. Id. (emphasis added).
`
`26. Protein quality is subject to such heightened testing requirements
`
`under the FDCA, and requires that “[t]he corrected amount of protein (gram)
`
`per serving for foods represented or purported for adults and children 1 or
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`more years of age is equal to the actual amount of protein (gram) per serving
`
`multiplied by the amino acid score corrected for protein digestibility. . . The
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`protein digestibility-correct amino acid score shall be determined by methods
`
`given . . . in ‘Report of the Joint FAO/WHO Expert Consultation on Protein
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`Case 2:22-cv-04405-FLA-RAO Document 1 Filed 06/28/22 Page 19 of 55 Page ID #:19
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`
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`Quality Evaluation’ except that when official AOAC procedures described in
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`paragraph (c)(7) of this section require a specific factor other than 6.25, that
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`specific factor shall be used.” Id. (selected internal quotations omitted). This
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`kind of testing is referred to as the Protein Digestibility Amino Acid Corrected
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`Score (“PDCAAS”).
`
`27. Thus, the FDCA requires that for any product making a protein
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`claim—such as those prominently displayed on the front packaging of the
`
`Products—it must also contain a statement of the protein content of the %DV
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`calculated using the PDCAAS. See 21 C.F.R. § 101.9(c)(7)(ii). In other words,
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`while the Product may advertise the raw protein content calculated using the
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`less-rigorous nitrogen method (such as the Beyond Burger’s prominent claim
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`that “This Product Contains 20G of Plant-Based Protein”), it is also required
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`to state the protein content as a percentage of the Daily Value using the more
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`rigorous PDCAAS method. Id.
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`28. Beyond Meat does not comply with these requirements. Beyond
`
`Meat not only overstates the actual protein amount in its Products, but also
`
`inflates the %DV levels on the labels by failing to use the required PDCAAS
`
`score in its calculation. Instead, Beyond Meat calculates the %DV of its
`
`protein based on the simple nitrogen method. The problem with this,
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`especially as it relates to the Products, is that plant-based proteins have a
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`Case 2:22-cv-04405-FLA-RAO Document 1 Filed 06/28/22 Page 20 of 55 Page ID #:20
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`
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`substantially lower PDCAAS score. While the PDCAAS score of traditional
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`beef is .92 out of 1, the average PDCAAS scores of Beyond Meat’s Beef
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`Crumbles and Beyond Burger are .645 and .8875, respectively.18 The table
`
`below also shows PDCAAS scores of various sources of protein.19
`
`
`Thus, each serving of the Product actually contains less digestable protein
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`than advertised, and in order to achieve the actual listed %DV, consumers
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`will need to consume more than the listed serving size.
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`29. Due to this incorrect method of calculation failing to reflect the
`
`required PDCAAS score, upon information and belief, the %DV of protein in
`
`the Products – or the percentage of the necessary daily protein the customer
`
`expects to receive by consuming one serving size of the Product – is
`
`
`18 Jay R. Hoffman & Michael J. Falvo, Protein – Which is Best?, 3 J. Sports Sci.
`Med. 118 (2004), https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3905294/.
`19 Stephan van Vliet, Nicholas A Burd & Luc J C van Loon, The Skeletal Muscle
`Anabolic Response to Plant- versus Animal-Based Protein Consumption, Journal
`of Nutrition (2015), https://pubmed.ncbi.nlm.nih.gov/26224750/
`20
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`Case 2:22-cv-04405-FLA-RAO Document 1 Filed 06/28/22 Page 21 of 55 Page ID #:21
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`
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`substantially lower than what is advertised on the packaging. Because of this
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`misrepresentation, Consumers are led to believe that the Products provide
`
`more protein that they actually provide.
`
`30. Beyond Meat had a duty to ensure that the Products lived up to
`
`its representations about their content of protein. As such, Beyond Meat knew
`
`or should have known that the Products had substantially less protein, both in
`
`raw amounts and as %DV than was advertised on the Products’ labels,
`
`packaging, advertising, and statements.
`
`31. Beyond Meat specifically represents that “our products deliver
`
`greater or equal levels of protein than their animal-based counterparts.”20 This
`
`statement is explicitly false, due to the difference in advertised %DV of
`
`protein and the actual protein content of the Products.
`
`32. However, Beyond Meat made these false representations,
`
`knowing that the claimed composition of the Products (as well as the other
`
`alleged false and/or misleading representations discussed herein) is something
`
`an average consumer would consider in selecting a Beyond Meat Product over
`
`a competing product. By negligently and/or deceptively representing,
`
`marketing, and advertising the Products as containing “greater or equal levels
`
`
`20 Frequently Asked Questions, Beyond Meat, (last visited June 8, 2022)
`https://web.archive.org/web/20170523074518/https://www.beyondmeat.com/faq
`s/ (capturing the Beyond Meat website on May 23, 2017).
`21
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`Case 2:22-cv-04405-FLA-RAO Document 1 Filed 06/28/22 Page 22 of 55 Page ID #:22
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`
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`of protein than their animal-based counterparts” and/or the amount of protein
`
`advertised as a percentage of Daily Value, Beyond Meat wrongfully
`
`capitalized on, and reaped enormous profits from, consumers’ preference for
`
`high-protein, plant-based foods.
`
`33.
`
`Indeed, Plaintiffs were misled by these false representations.
`
`Both Plaintiffs DeLoss and Zakinov purchased the Products based in part on
`
`Beyond Meat’s advertisements of the amount of protein the Products provide
`
`as well as the quality of their protein. If the Plaintiffs had been aware that the
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`Products did not contain the advertised quantity or quality of protein, they
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`would not have purchased or paid as much for the Products.
`
`C. Beyond Meat Represents the Products as “All Natural,” and
`Containing Only “Organic” or “Non-Synthetic” Ingredients
`Despite Knowing the Products Contain Synthetic Ingredients
`
`34. During the Class Period, Beyond Meat held itself out as making
`
`products that were “all-natural,” “organic,” or containing no “synthetic”
`
`ingredients.21
`
`35.
`
`In interviews, CEO Ethan Brown has said that the Products contain
`
`“nothing artificial” and that the company is committed to using “no artificial
`
`
`21 See e.g., Starostinetskaya, supra note 8.
`22
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`Case 2:22-cv-04405-FLA-RAO Document 1 Filed 06/28/22 Page 23 of 55 Page ID #:23
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`
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`ingredients.”22 He further stated that Beyond Meat’s “commitment to all natural
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`and non-GMO ingredient is the core of [their] company.”23
`
`36.
`
`In fact, from at least September 2020 to May 2021, Beyond Meat
`
`specifically stated that its Products did not contain “synthetically produced
`
`ingredients.”
`
`37. However, the current Beyond Meat website backtracks on that
`
`promise.24
`
`
`22 https://www.bloomberg.com/opinion/articles/2020-06-11/beyond-meat-bynd-
`ceo-ethan-brown-talks-growth-eating-trends#xj4y7vzkg;
`https://www.cnbc.com/2020/05/06/beyond-meat-ceo-looks-to-win-consumers-
`over-during-meat-shortage.html; Sully Barrett, How the Impossible Burger is
`the Debate Over GMO Foods, CNBC
`(Feb. 13, 2020)
`Changing
`https://www.cnbc.com/2020/02/13/how-the-impossible-burger-is-changing-the-
`debate-over-gmo-
`foods.html#:~:text=One%20difference%20is%20Impossible's%20use,investors
`%20have%20weighed%20the%20risks (emphasis added).
`23 Beyond Meat, Beyond Meat Opens Doors of New State-of-the-Art Innovation
`Center in Los Angeles, Expanding Research Footprint and Fueling Progress
`Toward
`a
`Perfect
`Build
`of Meat Directly
`from
`Plants,
`https://investors.beyondmeat.com/news-releases/news-release-details/beyond-
`meat-opens-doors-new-state-art-innovation-center-los. (last visited June 8, 2022)
`24 Frequently Asked Questions, Beyond Meat (last visited June 8, 2022),
`https://www.beyondmeat.com/en-US/faqs.
`23
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`Case 2:22-cv-04405-FLA-RAO Document 1 Filed 06/28/22 Page 24 of 55 Page ID #:24
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`
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`38. Far from remaining committed to its claim that the Products do not
`
`contain synthetically produced ingredients, the Beyond Meat “Ingredients”
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`webpage now discloses that one of its ingredients is methylcellulose.25
`
`39. Methylcellulose is a synthetically made filler used in processed foods
`
`as a cheap additive that allows food manufacturers increase weight and add
`
`texture without adding nutritional benefits. Methylcellulose is literally a
`
`synthetically modified form of cellulose “used as a bulk-forming and stool-
`
`softening agent for treatment of constipation.”26 It is a chemical compound
`
`June 8, 2022),
`
`
`(last visited
`25 Our
`Ingredients, Beyond Meat
`https://www.beyondmeat.com/en-US/about/our-ingredients/.
`26 Methylcellulose,
`ScienceDirect
`(last
`visited
`June
`https://www.sciencedirect.com/topics/nursing-and-health-
`professions/methylcellulose
`(summarizing Keith Hillier, xPharm: The
`Comprehensive Pharmacology Reference (2007)).
`24
`
`
`8,
`
`2022),
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`Case 2:22-cv-04405-FLA-RAO Document 1 Filed 06/28/22 Page 25 of 55 Page ID #:25
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`
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`synthesized from treating vegetable cellulose with a chemical agent and treating
`
`it with methyl chloride.27 It is not naturally occurring.28
`
`40. Until recently, Beyond Meat failed to disclose the existence of this
`
`not natural, inorganic, synthetic compound in any of its advertising, marketing, or
`
`packaging for the Products. Beyond Meat’s averments on its website, in
`
`advertisements, and in corporate statements about the natural quality of its
`
`ingredients are not only misleading, but they are also demonstrably false. In 2020,
`
`a spokesperson for Beyond Meat confirmed that methylcellulose was an
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`ingredient in its burger patties but would not give an exact gram amount.29
`
`41. Beyond Meat had a duty to ensure that its Products lived up to these
`
`representations and marketing positioning as Products that were “natural,”
`
`“organic,” or containing “no synthetic ingredients.” Beyond Meat knew or should
`
`have known that the Products included non-natural, artificial, inorganic, synthetic
`
`methylcellulose, and that the presence of meth