On March 30, Todd Harrison spoke with Nutritional Outlook about the GRAS Rule and emerging legal questions surrounding calorie and fat labeling in protein bars. The following is an excerpt:
In the first part of this interview, Todd Harrison, co-chair of the FDA Group at Venable LLP, shares insights into regulatory methods, GRAS notices, and nutrition facts labeling surrounding the lawsuit against David Protein.
In early 2026, a lawsuit filed against David Protein alleges that the company misled consumers on the amount of fat and calories in their protein bars. Filed on behalf of three consumers, the lawsuit claims that third-party laboratory testing revealed the calories and fat content of the bars to be much higher than stated on the labels.
In a written response to the lawsuit, David Protein stated it stands behind its labeling, explaining that bomb calorimetry, the method used by the plaintiffs, is inappropriate for ingredients like fat substitute esterified propoxylated glycerol (EPG). The company also added that the Food and Drug Administration (FDA) permits six different calorie calculation methods specifically to account for non-bioavailable ingredients.
For more insight on this case, Nutritional Outlook sat down with Todd Harrison, co-chair of the FDA Group at Venable LLP. In the first part of this interview, Harrison discusses the discrepancies in methods of testing, the reach of FDA regulation, and the weight of Generally Recognized as Safe (GRAS) notices.
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