David Protein Bars Lawsuit: What Happened to the Calorie Case, and the New Zero-Sugar Suit
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The David protein bars lawsuit that went viral — the claim that a 150-calorie bar really has 268 to 275 — was voluntarily dropped by the plaintiffs on March 30, 2026, without prejudice. A different class action, filed in California in early September 2026, now attacks the bars’ “0g sugar” label because they contain allulose. As of October 2026 there is no settlement, no fund and no claim form in any David case.
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Reviewed by Leonard Goldberg, Editor · Last updated
What the Lawsuits Claim
The calorie and fat case. On January 23, 2026, three consumers sued Linus Technologies, Inc. d/b/a David Protein. The lawsuit alleged that bars labeled 150 calories and 2g of fat tested at 268–275 calories and 11–13.5 grams of fat per serving at Anresco Laboratories — by the complaint’s math, 78% to 83% more calories and 368% to 400% more fat than stated. It relied on an FDA rule that treats a label as misbranded when a nutrient is more than 20 percent over the declared value. Flavors named: Chocolate Chip Cookie, Cinnamon Roll, Fudge Brownie, Red Velvet, Peanut Butter Chocolate Chunk, Blueberry Pie, Pumpkin Spice and Cake Batter.
David’s answer. Founder Peter Rahal called it “a frivolous case” and told NBC News the lab used a bomb calorimeter, which counts the energy in EPG, a fat substitute the body does not digest. EPG is credited with 0.7 calories per gram versus 9 for ordinary fat.
The zero-sugar case. The newer complaint alleges that allulose, the bars’ sweetener, is a sugar under the FDA definition, so the “0g sugar” claim on David Gold bars is misleading. The FDA told a federal appeals court in an amicus brief that allulose counts as sugar, which set off a wave of similar suits — including one against Liquid Death.
Case Details
Calorie case: Lopez v. Linus Technologies, Inc., No. 1:26-cv-00635, U.S. District Court for the Southern District of New York, Judge James Paul Oetken. Filed January 23, 2026; notice of voluntary dismissal without prejudice filed March 30, 2026; case closed March 31, 2026.
Zero-sugar case: McCarthy v. Linus Technology Mergersub, LLC, No. 2:26-cv-09958, U.S. District Court for the Central District of California, reported by MetNews on September 9, 2026. Food Dive separately reported a complaint against the same entity filed August 24 in the Northern District of California; it is unclear whether that is the same case.
Business antitrust case (not a consumer case): OWN Your Hunger v. Rahal, No. 1:25-cv-04544, S.D.N.Y., Judge Victor Marrero, filed by three food companies after David bought EPG maker Epogee.
Status: One Case Dropped, One New, No Settlement
The calorie case ended without a ruling and without a settlement: the plaintiffs dropped it on March 30, 2026, and NBC News reported that why they dropped it is not known. “Without prejudice” means the claims could legally be filed again; we found no refiled calorie suit as of October 2026. David said it was “pleased this matter has been resolved” and remained “confident in the accuracy of our nutrition labeling.”
In the antitrust fight, Judge Marrero first dismissed the competitors’ claims in a 32-page order and let them amend. A stipulation and order of voluntary dismissal was entered on June 15, 2026; the public docket entry does not say whether it ended every claim. That case never involved consumers.
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Who Would Be Covered
The calorie complaint proposed a nationwide class of people who bought the named David bars for personal use, plus state classes including New York and Illinois. That proposal died with the dismissal — no class exists.
The zero-sugar complaint seeks a nationwide class and a California subclass of people who bought David Gold bars labeled “0g sugar.”
You do not need to sign up for anything. If a class is ever certified or a settlement reached, a court-appointed administrator gives notice. Keeping receipts or order history from Amazon or the David website is sensible, but nothing is due today.
Is There Any Money?
David Protein Lawsuit Timeline
- 1
May 30, 2025 — Competitors Sue Over EPG
OWN Your Hunger, Lighten Up Foods and Defiant Foods file an antitrust suit in New York after David buys Epogee, alleging David stockpiled EPG supply.
- 2
January 23, 2026 — Calorie Class Action Filed
Lopez v. Linus Technologies alleges bars labeled 150 calories test at 268 to 275 calories. The case goes viral in March.
- 3
March 30, 2026 — Calorie Case Dropped
The plaintiffs file a notice of voluntary dismissal without prejudice; the case closes March 31. No settlement, no ruling on the labels.
- 4
June 15, 2026 — Antitrust Dismissal Order
A stipulation and order of voluntary dismissal is entered in OWN Your Hunger v. Rahal after David asked the court to end the case with prejudice.
- 5
August–September 2026 — Zero-Sugar Suits
After the FDA calls allulose a sugar, a class action targets David Gold bars’ “0g sugar” label. MetNews reports McCarthy, No. 2:26-cv-09958, on September 9.
- 6
October 2026 — No Settlement
The zero-sugar case is at the complaint stage. No settlement, fund, claim form or deadline exists in any David case.
Three Things to Watch For
A viral lawsuit with millions of searches and no actual payout is exactly where fake claim sites appear:
“David protein bar settlement claim” sites
There is no David settlement and no claims portal. A page asking for your card number or bank details to “release your refund” is not connected to any court.
Lawsuit-lookalike ads for diet products
The calorie case was used to sell rival bars and supplements. A “lawsuit update” page that ends in a product link is marketing, not news.
“Join the class before the deadline”
No deadline exists. You never pay to be in a class action, and no administrator has been appointed who could email you about one.
David Protein Bars Lawsuit — Questions People Actually Ask
Is there a lawsuit against David protein bars?
Yes, but not the one most people heard about. The lawsuit against David protein bars over calories was dropped on March 30, 2026. A newer class action, McCarthy v. Linus Technology Mergersub (C.D. Cal., No. 2:26-cv-09958), challenges the “0g sugar” label and was pending as of October 2026.
Was the David calorie lawsuit dismissed or settled?
Dismissed by the plaintiffs themselves, without prejudice, not settled. No money changed hands for consumers and no court ruled on whether the labels are accurate. NBC News reported that the reason for dropping it is not known.
Do David bars really have 268 to 275 calories?
That was the lawsuit’s allegation, based on lab testing. David says the test counted energy in EPG that the body does not absorb, and stands by 150 calories. No court has decided the question.
Is there a David protein bar settlement or claim form?
No. As of October 2026 there is no settlement, fund, administrator, claim form or deadline in any David case.
What is the zero-sugar lawsuit about?
It alleges allulose is a sugar under the FDA definition, so labeling David Gold bars “0g sugar” is misleading. It seeks a nationwide class and a California subclass. David’s response in court was not available as of October 2026.
Could the calorie lawsuit come back?
Legally yes — a dismissal without prejudice allows refiling. We found no refiled calorie case as of October 2026.
What was the EPG antitrust case?
A business dispute: three food makers sued after David bought Epogee and stopped supplying them EPG. Judge Marrero dismissed an earlier version, and a voluntary dismissal order was entered June 15, 2026. It never covered shoppers.
What should I do if I bought David bars?
Nothing is required. Keep your order history in case a settlement is ever announced, and ignore anyone charging a fee to “file” for you.
Separate from this case: were you injured in the last 2 years?
Class-action payouts are fixed amounts through an administrator. A personal injury claim is a different case — and often worth far more. Free estimate, no obligation.