Poppi Lawsuit Claims Prebiotic Sodas Not Nearly as ‘Gut Healthy’ as Advertised
Cobbs v. VNGR Beverage, LLC
Filed: May 29, 2024 ◆§ 3:24-cv-03229
A class action lawsuit alleges Poppi prebiotic sodas are not nearly as gut healthy as advertised.
California Business and Professions Code California Unfair Competition Law California Consumers Legal Remedies Act
California
A proposed class action lawsuit alleges Poppi prebiotic sodas are not nearly as “gut healthy” as advertised given that the products contain only two grams of prebiotic fiber, an amount too low to provide any meaningful health benefits from just one can.
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The 24-page Poppi lawsuit says that a consumer would need to drink more than four cans of Poppi soda in a single day to realize any gut health benefits from the drink’s prebiotic fiber. If a consumer were to drink this many cans in a day, however, the high sugar content of Poppi prebiotic soda would “offset most, if not all,” of the apparent gut-health benefits, the complaint claims.
According to the suit, Poppi soda, which skyrocketed in popularity after appearing on Shark Tank and can be found for sale at Whole Foods, is made predominantly with cane sugar. Thus, the case says, a consumer who drinks enough Poppi to reap any prebiotic benefits would be consuming harmful levels of sugar, which have been shown to be detrimental to gut health.
As the proposed class action tells it, Poppi’s booming popularity can be attributed to its flavors and “clever marketing,” yet the core of the product’s success is “primarily owed” to agave inulin, the so-called prebiotic ingredient in the sodas.
Defendant VNGR Beveage, which does business as Poppi, has a duty to apprise consumers of the “true standard, quality, and grade” of the sodas and to disclose that the drinks may contain ingredients known to cause adverse health effects, the case argues.
“[D]espite Poppi’s ‘prebiotic’ marketing claims, which assure consumers, on the can, that they can ‘Be Gut Happy [and] Be Gut Healthy,’ as one nutritionist bluntly explained: the Products ‘are basically sugared water,’” the lawsuit reads.
As of this year, the case says, Poppi sales have surpassed $100 million and continue to increase, amounting to 19 percent of the U.S. market share, more than Coke. Touted as “the future of soda,” Poppi is advertised as a “prebiotic soda” that is “for a healthy gut.” The suit argues, however, that although the agave inulin in the beverages may sound “exotic and unique,” most adults already consume enough probiotics through regular foods, such as whole grains, bananas, onions, garlic and soybeans.
Importantly, consuming too much agave inulin can cause adverse health effects such as a buildup of gas, causing abdominal discomfort, the filing notes.
“This is particularly problematic for people with existing digestive issues like irritable bowel syndrome or dietary sensitivities,” the complaint highlights.
The lawsuit emphasizes that researchers have found that ingesting even as much as 7.5 grams of agave inulin daily, in comparison to the two grams per can of Poppi soda, for three weeks is “insufficient to confer any meaningful prebiotic benefits.”
“As a consequence, a consumer would need to drink more than four Poppi sodas daily for 21 consecutive days before potentially noticing any meaningful and reliable ‘prebiotic’ effects,” the case contends, specifying that consumption of the soda at such a rate would negate any positive health benefits.
The Poppi lawsuit looks to cover all persons in the United States who, within the applicable statute of limitations period, bought any Poppi prebiotic sodas primarily for consumption.
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