Suit targets Gretna firm, Hy-Vee over label's claim regarding sugar, protein content -
Published Friday, February 21, 2014 at 1:00 am / Updated at 11:48 am
Suit targets Gretna firm, Hy-Vee over label's claim regarding sugar, protein content

Hy-Vee Inc. and a Gretna nutritional-products distributor have been sued for selling a powdered supplement touted as being high in protein and low in sugar that a Nebraska consumer says was mislabeled and contained far more sugar than advertised.

Olivia Ruhlman, who shopped at Hy-Vee supermarkets in Lincoln and Omaha, filed the suit last week in U.S. District Court in Omaha. The suit says that for four years Hy-Vee sold a nutritional supplement called Healthy 100% Whey supplied by a Gretna company called NNW.

Hy-Vee stopped selling Healthy 100% Whey in September after NNW issued a voluntary recall, company spokeswoman Christine Friesleben said.

“We have not carried the product since that time,” Friesleben said. “Hy-Vee is committed to providing our customers with services and products that enhance and support their healthy lifestyles.”

Hy-Vee does not comment on pending litigation, she said.

Email and voice-mail messages left with NNW were not returned.

The suit, which is seeking class-action status on behalf of other consumers, says the product was mislabeled as having 22 grams of protein and one gram of sugar per 28-gram serving.

The powder really had less than five grams of protein and more than 20 grams of sugar per 28-gram serving, the suit says. The whey powder sold for as much as $45 for five pounds.

“In essence, Hy-Vee was selling customers nothing more than bags of sugar at an astronomical price,” the suit reads.

David Guastello, the Kansas City, Mo., attorney representing the Hy-Vee customer, declined to discuss matters not addressed in the lawsuit, such as information about his client and the evolution of the case. “At this very early stage in the litigation, I'm not going to address those questions,” Guastello said. “I have not authorized my client to make a statement.”

Label lawsuits are on the rise around the country, mostly against food manufacturers. Nestle USA and juice maker Welch Foods, for example, are currently defending lawsuits seeking class-action status that object to wording on labels indicating “all natural” ingredients.

Contact the writer: Russell Hubbard    |   402-444-3133

Russell Hubbard covers banking, financial services, corporate finance, TD Ameritrade, business lawsuits, bankruptcies and other economic and financial topics.

Read more related stories
In Omaha, bus tour calls for hourly minimum wage over $10
Michelle Obama gets resume from girl with jobless dad
Amazon launches grocery service for Prime members
Cabela's 1st-quarter sales down 21 percent as gun, ammo sales dip
Omaha’s Straight Shot Accelerator hones its focus for latest class of 7 invited companies
Lyft launches tonight in Omaha; police won't ticket drivers while service is free
Omaha senator seeks minimum wage ballot measure
Kelly: Started at a dining room table, Home Instead thriving at 20 with $1B in annual revenue
Hy-Vee opens its first Omaha Market Cafe
Omaha's Eppley Airfield sees increased demand — and that means more fare options for travelers
Construction to start in May on West Broadway apartment/retail structure
No 'bear' qualifies to ask Warren Buffett questions at this year's Berkshire meeting
Omahans start their workday earlier than most, at 7:48 a.m.
Omaha Hall of Fame inductees share stories of their lives in business
Warren Buffett says Coca-Cola pay plan 'excessive'
Earnings roundup: Apple plans more stock buybacks, will split stock in June
In brief: Postal workers to protest at Staples stores
'Main street' concept takes shape at Sterling Ridge
Nebraska Crossing Outlets stores, layout
OSHA: Union Pacific must reinstate worker who reported injuries suffered on job
West Corp.'s 1st-quarter profits up 33 percent
Stock market ‘not rigged,’ TD Ameritrade CEO says
First lady announcing one-stop job site for vets
Powdered alcohols no longer have label approvals
'We have a serious problem in Nebraska': PSC discusses concerns over Uber, Lyft
Deadline Deal thumbnail
7M Grill
Half Off Delicious Comfort Fusion Food & Drinks!
Buy Now
< >
Inside Business
To submit an announcement for "Inside Business", click here. For questions call (402) 444-1371 or e-mail
Want to get World-Herald stories sent directly to your home or work computer? Sign up for's News Alerts and you will receive e-mails with the day's top stories.
Can't find what you need? Click here for site map »