LOS ANGELES (Legal Newsline) — A consumer lawsuit alleges Gatorade "Fit" drinks are misbranded as healthy and do not meet nutrient content regulations.
David Gumner, on behalf of himself and all others similarly situated, filed a complaint Feb. 24 in the U.S. District Court for the Central District of California against Pepsico Inc., alleging unjust enrichment and other claims.
Gumner alleges in his class action that Pepsico falsely markets its Gatorade "Fit" drinks as having no added sugar and as an "excellent source of vitamin A & C." He claims Pepsi has misbranded the drinks because they do not meet the specific requirements to make those claims.
Specifically, Gumner alleges marketing the drink as "healthy real hydration" does not meet federal requirements because it is essentially water that is flavored with a small amount of juice concentrate and citric acid and sweetened with stevia leaf extract. He also alleges the product does not meet the nutrient content Pepsi claims in accordance with federal regulations regarding fortification and is not a significant source of calcium, iron protein or fiber.
Gumner claims Gatorade Fit drinks are worth less than what consumers paid for them due to the drink's misbranding.
Gumner and the class seek monetary relief, interest, trial by jury and all other just relief. They are represented by Jack Fitzgerald, Paul Joseph, Melanie Persinger and Trevor Flynn of Fitzgerald Joseph LLP in San Diego.
U.S. District Court for the Central District of California case number 8:23-CV-00332