SAN FRANCISCO (Legal Newsline) - The law firm Bursor & Fisher scored two recent class action settlements in cases alleging Poppi Prebiotic Sodas aren't all that healthy and Keurig coffee machines ruin themselves while cleaning.
The firm earlier this month filed two motions for preliminary approval of the settlements. The Poppi motion was filed in California federal court days before PepsiCo bought the brand, which once appeared on the show "Shark Tank," for $1.95 billion.
The May 2024 lawsuit said consumers would need to drink four Poppi sodas per day to experience any health benefits, making claims of "gut-healthy" misleading.
Given the sugar content, drinking four a day would cause adverse health effects like abdominal discomfort and liver damage, the suit claims. Ultimately, defendant VNGR Beverage chose to settle for $8.9 million.
The case does not concern any injuries caused by Poppi sodas, only that customers paid a "price premium" by paying more for a soda because they allegedly thought it was healthier than it is.
Bursor & Fisher said that price premium would probably be between 13 and 25 cents per soda. Under the settlement, class members are entitled to 75 cents per can, $3 for four-packs, $6 per eight-pack and $9 per 12- or 15-pack.
There is a minimum payment of $5.
"And, although the $8.9 million gross settlement amount may be less than the maximum amount Plaintiffs could potentially recover if fully successful at trial, it is reasonable in light of the risks of proceeding to trial," Timothy Fisher for Bursor & Fisher wrote.
"Given that Defendant moved to dismiss all of Plaintiffs' claims, this settlement is outstanding as Defendant could have prevailed on the motion to dismiss, narrowed the scope of the products at issue, the breadth of the class, and/or the claims."
Anything left in the fund after claims are final will be donated to Feeding America, if the settlement is approved. Lawyers plan to ask for 30% of the settlement in attorney fees ($2,670,000).
Other plaintiff firms participating in the settlement are Gutride Safier, Gucovschi Rozenshteyn and Kaplan, Fox & Kilsheimer.
Bursor & Fisher's Philip Fraietta prepared the March 10 motion to approve the settlement with Keurig Green Mountain in New York federal court. That case has been active since September 2022, when plaintiff Doreen Cahill alleged that the cleaning program known as descaling "completely disables the coffee makers."
"The problem occurs because the coffee makers allow the water reservoir to empty completely during the descaling process without stopping to tell the user to add more water, causing the coffee makers to overheat and trip a practically inaccessible thermal switch within them, rendering them unusable," the suit says.
The complaint says users must take apart the Keurigs and use a paper clip to hit a small reset button. The defect occurs on all three K-Supreme Coffee Makers, it adds.
This settlement is for $950,000 and an extension of a limited warranty. Bursor & Fisher plans to ask for as much 33%.