A proposed class action filed on November 7, 2025 accuses HP Hood LLC of selling Planet Oat original oat milk with a label promising vitamin D the product does not actually contain. The Planet Oat vitamin D lawsuit, LaBrusciano-Carris v. HP Hood LLC (Case No. 3:25-cv-09637), was brought in the U.S. District Court for the Northern District of California and alleges that independent lab testing found zero vitamin D in a product marketed as an “Excellent Source” of the nutrient.1Truth in Advertising. Planet Oat Original Oat Milk2PACER Monitor. LaBrusciano-Carris v HP Hood LLC, Complaint
The Core Allegation
Planet Oat’s original oat milk lists 4 micrograms of vitamin D per one-cup serving on its Nutrition Facts panel, which the label describes as 20 percent of the daily value. The ingredient list names vitamin D2 (ergocalciferol) as the fortifying form.3Planet Oat. Original Oatmilk The packaging also carries the marketing claim “Excellent Source of Vitamins A & D.”4The Fresh Grocer. Planet Oat Original Oatmilk
According to the complaint, testing by an accredited laboratory found none of the promised vitamin D in the product. The suit alleges HP Hood “failed to accurately fill the products with the correct amount of vitamin D as listed on the nutritional label” and that consumers paid a premium for a nutritional benefit they never received.5Top Class Actions. Planet Oat Class Action Alleges Oat Milk Lacks Vitamin D Contrary to Advertising6VegNews. Planet Oat Vitamin D Lawsuit
Who Is Suing and Who Could Join
The named plaintiff is Theo LaBrusciano-Carris, who is seeking to represent two groups: a nationwide class of purchasers and a California subclass. Both would cover consumers who bought Planet Oat original oat milk, or “all substantially similar products,” for personal or household use.5Top Class Actions. Planet Oat Class Action Alleges Oat Milk Lacks Vitamin D Contrary to Advertising
The complaint brings claims under three California consumer-protection statutes — the False Advertising Law, the Unfair Competition Law, and the Consumer Legal Remedies Act — along with common-law claims for breach of express warranty and unjust enrichment.6VegNews. Planet Oat Vitamin D Lawsuit No class has been certified. That step comes later, and the court has not yet ruled on it.1Truth in Advertising. Planet Oat Original Oat Milk
How Vitamin D Could Go Missing
The complaint does not explain why the tested product allegedly contained no vitamin D. Food science research offers some possibilities, though none has been established as the cause here.
Vitamin D is fat-soluble and sensitive to heat, light, and oxygen. One study found vitamin D3 lost roughly 60 percent of its potency when an oat-based beverage was sterilized at 140°C.7National Library of Medicine. Vitamin D Fortification in Beverages Planet Oat uses vitamin D2, which research suggests holds up better through pasteurization, though D2 can be absorbed by certain packaging materials like polyethylene and can degrade when exposed to light during storage.8ResearchGate. Vitamin D2 Stability in Milk During Processing, Packaging, and Storage Industry guidance for dairy milk fortification also warns that vitamin concentrates lose potency with age and that “minor errors in fortification procedures can result in non-compliance” with labeling standards.9Maryland Department of Health. Vitamin AD Fortification of Fluid Milk
Whether any of that explains the alleged total absence of vitamin D in the tested product is a question the lawsuit raises but has not answered.
Where the Case Stands
As of the November 2025 filing, HP Hood had not filed a responsive pleading on the public docket and had not publicly commented on the allegations.2PACER Monitor. LaBrusciano-Carris v HP Hood LLC, Complaint6VegNews. Planet Oat Vitamin D Lawsuit Retailer listings for the product carry a general disclaimer noting that “actual product packaging and materials may contain additional and/or different ingredient, nutritional or proper usage information than the information displayed on our website.”4The Fresh Grocer. Planet Oat Original Oatmilk Whether that kind of language has any bearing on the accuracy of the Nutrition Facts panel itself has not been tested in this case.
If you bought Planet Oat original oat milk and want to keep track of the case, the docket number is 3:25-cv-09637 in the Northern District of California. No class has been certified, so no claims process exists yet; that only opens if the court certifies a class or the parties reach a settlement.