{"id":1175,"date":"2024-06-05T16:45:40","date_gmt":"2024-06-05T16:45:40","guid":{"rendered":"https:\/\/usatrustedlawyers.com\/blog\/poppi-soda-sued-over-gut-health-claims-justia-news-june-5-2024\/"},"modified":"2024-06-05T16:45:40","modified_gmt":"2024-06-05T16:45:40","slug":"poppi-soda-sued-over-gut-health-claims-justia-news-june-5-2024","status":"publish","type":"post","link":"https:\/\/usatrustedlawyers.com\/blog\/poppi-soda-sued-over-gut-health-claims-justia-news-june-5-2024\/","title":{"rendered":"Poppi Soda Sued Over Gut Health Claims \u2014 Justia News \u2014 June 5, 2024"},"content":{"rendered":"\n
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A class action lawsuit was filed against the maker of popular prebiotic soda brand Poppi in the U.S. District Court, Northern District of California, on May 29, 2024. The lawsuit centers around Poppi\u2019s claims that the soda is \u201cgut healthy\u201d due to the inclusion of prebiotics in its drinks.<\/p>\n

VNGR Beverage LLC manufactures, markets, and sells Poppi Prebiotic Sodas. Poppi was founded in 2016 as a healthy alternative to traditional sodas. The soda brand was featured on the popular television show Shark Tank on 2018, which caused a rise in the brand\u2019s popularity. Poppi\u2019s soda cans include the marketing language \u201cFor a Healthy Gut.\u201d Poppi\u2019s slogan is \u201cBe Gut Happy.\u201d The soda cans also market the fact that Poppi includes prebiotics in its drinks. As of 2024, Poppi\u2019s sales figures have exceeded $100 million, which represents \u201c19% in the US market share, even surpassing Coke by 1.5 times.\u201d<\/p>\n

The complaint alleges that Poppi\u2019s drinks contain only two grams of prebiotics, \u201can amount too low to cause meaningful gut health benefits for the consumer from just one can.\u201d The complaint further states that a consumer must consume four cans of Poppi sodas in a single day \u201cto realize any potential health benefits from its prebiotic fiber.\u201d However, \u201cPoppi\u2019s high sugar content would offset most, if not all, of these purported gut health benefits.\u201d Further, Poppi sodas are \u201cpredominantly composed of \u2018cane sugar,\u2019. . . which has been shown to actually harm gut health.\u201d The complaint states that since \u201cordinary consumers do not have expertise in pre- and probiotic science, they purchase. . . Defendant\u2019s Products under the erroneous but reasonable belief that the Products are providing prebiotic gut benefits due to Poppi\u2019s false and misleading Prebiotic Representations.\u201d<\/p>\n

The complaint cites multiple studies to support its claims that \u201cmost adults are able to consumer enough prebiotics through a variety of regular foods,\u201d that \u201cconsuming too much insulin can lead to adverse health results,\u201d and that consuming Poppi as a sole source of prebiotics does not contribute to significant changes on microbiome health. The complaint continues on to state that \u201cconsuming four or more Poppi sodas daily to gain prebiotic benefits has the potential to cause cramps, liver damage, and diarrhea,\u201d and that consuming such a high amount of sugar \u201ccan irritate the gut, damaging the protective mucus lawyer and decreasing the amount of good bacteria.\u201d The complaint states that Poppi does not disclose on its product packaging, labels, or advertisements \u201cthe number of Poppi\u2019s that consumers would need to purchase before noticing any changes to their microbioime or the attendant risks of doing so.\u201d<\/p>\n

The complaint states causes of action for: (1) violation of California\u2019s False Advertising Law; (2) violation of California\u2019s Consumers Legal Remedies Act; (3) violation of California\u2019s Unfair Competition Law; and (4) unjust enrichment. The complaint seeks relief in the form of (1) an order certifying the class; (2) an order finding in favor of the plaintiff and the class; (3) prejudgment interest on monetary awards; (4) an order of restitution and other equitable monetary relief; (5) injunctive relief; and (6) an award of attorneys\u2019 fees, expenses, and costs.<\/p>\n

Additional Reading<\/strong><\/p>\n

Poppi soda not as good for the gut as it claims, drinker says in lawsuit<\/a>, NBC News<\/em> (June 3, 2024)<\/p>\n

Prebiotic soda brand accused of false health claims<\/a>, Daily Journal<\/em> (May 31, 2024)<\/p>\n

Cobbs v. VNGR Beverage LLC<\/a> (Case No. 3:2024cv03229)<\/p>\n

Class Action Complaint in Cobbs v. VNGR Beverage LLC<\/em><\/p>\n

Photo Credit: <\/strong>ZikG \/ Shutterstock.com<\/p>\n<\/div>\n