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LEGAL NEWSLINE

Sunday, June 23, 2024

Lawsuit says not enough prebiotics in Poppi soda

Lawsuits
L timothy fisher bursor fisher pa

L. Timothy Fisher | bursor.com

SAN FRANCISCO (Legal Newsline) - A prebiotic soda that appeared on Shark Tank is now at the center of a lawsuit claiming consumers would need to drink four of them a day to experience any health benefits.

A class action lawsuit was filed May 29 by Kristin Cobbs against VNGR Beverage LLC, the company behind Poppi Prebiotic Sodas. The plaintiff alleges that Poppi's claims of being a "gut healthy" prebiotic soda are misleading. 

Despite marketing itself as beneficial for gut health due to its prebiotic fiber content, the lawsuit contends that Poppi contains only two grams of prebiotic fiber per can, an amount insufficient to provide meaningful health benefits. 

Furthermore, the high sugar content in Poppi is argued to negate any potential benefits from the prebiotics.

The complaint alleges consumers would need to drink more than four cans daily to see any significant effects, which could lead to adverse health consequences such as abdominal discomfort and liver damage due to excessive sugar intake. 

The lawsuit accuses VNGR Beverage LLC of false advertising and failing to disclose these risks, thereby violating California’s False Advertising Law (FAL), Consumers Legal Remedies Act (CLRA), and Unfair Competition Law (UCL).

Plaintiff Cobbs claims she relied on the company's representations when purchasing Poppi sodas and paid a premium price for what she believed were health benefits that did not materialize. The suit seeks restitution, injunctive relief, and other forms of equitable monetary relief.

Timothy Fisher of Bursor & Fisher, plus other attorneys from that firm and some from Gucovschi Rozenshteyn represent the plaintiff.

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