Source - Food and Beverage Litigation and Regulatory Update

Lawsuit Challenges Poppi Soda’s Prebiotic, Gut-Health Marketing Claims

VNGR Beverage LLC faces a proposed class action alleging the company makes misleading health claims about its Poppi soda products. Cobbs v. VNGR Beverage, LLC, No. 24-3229 (N.D. Cal., filed May 29, 2024). The plaintiff alleges that Poppi marketing asserts that the soda maintains the sweetness of traditional sodas while providing prebiotics for gut health. The plaintiff alleges that the soda only contains two grams of prebiotic fiber, an amount too low to cause meaningful health benefits from one can. She asserts that a consumer would need to drink more than four Poppi sodas in one day to realize any potential benefits from prebiotic fiber and that any such benefit would be negated by the product’s sugar content, which she alleges “would offset most, if not all, of these purported gut health benefits.”

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