David Protein Labeling Lawsuit Dismissed Following Scientific Dispute Over Caloric Values

A class-action lawsuit against David Protein alleging misrepresented calorie counts has been dismissed. The company maintains its 150-calorie bars meet FDA standards.

By: AXL Media

Published: Apr 1, 2026, 9:59 AM EDT

Source: People

Voluntary Dismissal and Legal Resolution

The legal proceedings concluded after three plaintiffs filed a notice of voluntary dismissal without prejudice on March 30, 2026. This specific legal designation allows the plaintiffs the option to refile the complaint in the future, though the current matter is considered resolved. David Protein representatives expressed satisfaction with the outcome, reiterating their long-standing confidence in the scientific integrity of their nutritional data. "David is 150 calories," stated brand representative Markos Bitsakakis, addressing the core of the dispute following the court filing.

The Science of EPG and Caloric Measurement

The crux of the litigation involved a disagreement over testing methodologies, specifically the use of bomb calorimetry versus FDA-approved labeling standards. Plaintiffs initially alleged that independent testing showed a discrepancy in caloric density. However, David Protein countered that these tests failed to account for a specialized ingredient: esterified propoxylated glycerol (EPG). EPG is a fat alternative that is minimally digested by the human body, providing the functional properties of fats with a fraction of the effective calories.

Regulatory Compliance and FDA Standards

David Protein CEO Peter Rahal characterized the initial lawsuit as a "fundamental misunderstanding" of how calories are calculated for unique ingredients like EPG. Under U.S. Food and Drug Administration (FDA) regulations, certain ingredients are assigned specific caloric values based on their metabolic availability rather than their total energy content when burned. The company maintains that its labels reflect these FDA-recognized values, ensuring that the 150-calorie claim is compliant with federal labeling laws for the "high calorie-from-protein" ratio they market to consumers.