Following the latest scientific research, consumers across the US have recently become much more conscious of their gut health. Keeping your gut healthy can help with heart, brain, and immune system function.
Unsurprisingly, members of the food and beverage industry have picked up on consumers’ newfound focus on gut health benefits. In response, some have launched entire lines of products designed to capitalize on the trend.
Poppi Prebiotic Sodas hit the scene in March 2020 and quickly became one of the most popular prebiotic carbonated beverages on the market. The question is, did Poppi really revolutionize soda to promote a healthy gut, or are its health claims overblown?
According to the recently filed Poppi Prebiotic Soda lawsuit, the company grossly exaggerated the purported gut health benefits of its flagship product. Here’s everything you need to know about the Poppi Prebiotic Soda lawsuit.
Basis of the Lawsuit
The core of the lawsuit against Poppi revolves around the claims the company makes about the gut health benefits of its sodas. Kristin Cobbs, a California resident, filed a class action lawsuit in a California federal court on May 29 against Vngr Beverage LLC, which does business as “Poppi.”
In her lawsuit, Cobbs claims that the company violated several federal and state consumer protection laws. She highlights the brand’s slogan, “Be Gut Happy and Be Gut Healthy,” as deceptive and contends that Poppi Soda cannot deliver real gut health benefits due to its high sugar content and low probiotics.
The lawsuit questions the legitimacy of Poppi’s branding and slogans, which suggest that it is a healthier soda with prebiotic ingredients that aid digestion. Cobbs contends that these claims mislead consumers by exaggerating the product’s health benefits to boost sales, possibly breaching multiple laws.
There is plenty of evidence to support the idea that prebiotic fiber, such as the kind that is present in Poppi, has potential health benefits. The problem, according to Cobbs’s lawsuit, is that there’s simply not enough of the prebiotic ingredients to make a notable impact on gut health.
Poppi has categorized the claims as baseless and promises to vigorously defend its products. The case is still in its early stages, meaning months could pass before we learn more about the claims and Poppi’s response.
Understanding Class Action Lawsuits
Before diving deeper into the specifics of the Poppi lawsuit, it’s helpful to understand what a class action lawsuit is and why it’s being used in this case. A class action lawsuit occurs when one or more plaintiffs file a case on behalf of a larger group of people who have similar claims.
These group lawsuits are often used in situations where the damages suffered by individuals are too small to warrant individual claims. Collectively, the violations cause significant harm. In the Poppi case, the plaintiffs represent all consumers who bought Poppi products under the belief that they would genuinely benefit their gut health.
Class action lawsuits differ from individual claims in that they consolidate many similar allegations into a single case. This allows for a more efficient legal process, where all affected individuals — known as class members — can seek justice without each person having to file a separate lawsuit.
The primary benefit of a class action claim is that plaintiffs can share the costs and risks associated with legal action. The recovery in these cases is usually too small to justify the expense of litigation for an individual.
However, there are potential drawbacks to class action cases as well. For instance, the settlement or judgment will be divided among all class members, which can result in smaller individual payouts. Additionally, plaintiffs give up the right to pursue individual lawsuits once they join a class action.
Who Can Be Sued in a Class Action?
Typically, class action claims are filed by consumers against businesses. Some of the world’s biggest brands have been sued in class action claims and reached multi-million dollar settlements, including:
Not all class action lawsuits are filed by consumers, though. Employees can collectively sue the business they work for, too. For example, a group of 63,206 Verizon employees sued the company for mishandling an internal data breach that exposed their sensitive information.
Americans can also file a group claim against government agencies. Whenever a large swathe of people is wronged by a major entity, those individuals have the opportunity to consolidate their claims into a single class action.
Next Steps in the Poppi Soda Class Action Lawsuit
The Poppi lawsuit was initiated in May 2024. As of this writing, no concrete hearing dates have been set. The case is likely in the discovery phase, during which both sides gather evidence to support their arguments. Attorneys for each party will exchange documents, depose witnesses, and possibly gather expert testimony.
Typically, the accused parties will use insights gleaned from the discovery phase to determine how to proceed. If the plaintiffs have a strong case, Poppi may explore settlement options. However, it could be months before there are any concrete answers.
Class action lawsuits can take time to resolve, often spanning several years. The timeline for the Poppi lawsuit will vary based on the court’s schedule, whether either party asks the judge to delay any deadlines, and whether the parties reach a settlement. If the case goes to trial, it could be a year or more before a verdict is reached.
Poppi has already stated that it will defend its products and brand. The company may argue that its advertising is truthful and supported by scientific evidence. It may also challenge the plaintiff’s claims about the amount of prebiotic fiber required for gut health benefits, potentially presenting expert testimony to counter the allegations.
Likelihood of Continuation and Precedents
It’s too early to say what the outcome of the Poppi Prebiotic Soda lawsuit will be — or if it will even make it to trial. However, it’s helpful to keep in mind that federal judges have a history of holding those in the food industry accountable for their mistakes.
Retailers, grocery stores, and food and beverage manufacturers have been the subject of a range of lawsuits in recent years. Even mighty corporations have not been immune. For instance, Walmart reached a $45 million settlement in early 2024 to address discrepancies in advertised pricing and what consumers were charged.
While the allegations in that case were slightly different from those in the Poppi suit, it does give a glimpse into potential outcomes. Walmart agreed to pay affected customers the difference between the advertised prices and the amounts they were actually charged.
If Poppi reaches a settlement or is on the receiving end of a judge’s verdict, the company may have to refund affected soda drinkers for part or all of the purchase price of its sodas up to a preset limit. This could result in a huge payout, although individual consumers will probably only receive a few hundred dollars at most. Class members will also likely have to prove that they bought the soda with receipts or statements to claim the money.
Joining the Lawsuit
If you’re a consumer who purchased Poppi prebiotic sodas and felt you were misled about its health claims, you may be eligible to join the claim. You’ll have to meet certain eligibility criteria.
Typically, this means you must have purchased the product during a specified period and relied on the company’s marketing claims when making your purchase. If you’ve bought Poppi, try to find receipts or take screenshots of your order history as evidence. You may need this proof to be compensated if a settlement agreement is reached.
Most importantly, you need to closely follow the case. If there is a settlement, the judge will set a claims window, and you must submit your claim within that time frame. If you miss the window, you will no longer be eligible for compensation, even if you meet all other filing criteria.
Scientific Perspective on Prebiotic Sodas
The primary prebiotic ingredient in Poppi Sodas is agave inulin. Researchers have discovered a meaningful connection between ingesting agave inulin and improvements in good gastrointestinal bacteria. However, the participants who saw measurable benefits ingested either 5 grams or 7.5 grams of agave inulin per day for 21 days.
Poppi contains just 2 grams of agave inulin per can. To mimic the ingestion rates of that study, consumers would have to drink 2.5 cans of Poppi per day or more than 50 cans over a three-week period. This relatively low dosage, combined with the 5 grams of sugar in each can, could be enough for class members to show that Poppi overstated its claims but that is for the court to decide.
Industry Impact and Consumer Trust
Every time a product manufacturer makes false or misleading claims, it can have a major impact on consumer trust. Once Poppi presents counterarguments to the plaintiffs’ allegations, the implications of this suit on consumer trust and the probiotic soda industry will become clearer.
It’s currently still too early to speculate on the outcome and resounding repercussions of the suit.
Other Notable Class Action Lawsuits
Here’s a quick look at four other major class action lawsuits that may impact you and some of the brands you do business with:
Amazon
Amazon Prime Video subscribers filed a claim against Amazon for changing the terms and conditions of the user agreement by incorporating ads into the subscription tier. They argue that this change violates their agreement, as they paid for the video subscription under the belief that they would enjoy ad-free streaming.
JUUL
JUUL, the e-cigarette brand, reached a $300 million settlement and continues to face legal challenges. The company was accused of marketing the products to minors, underplaying the likelihood of addiction, and misleading consumers.
Chick-fil-A
Chick-fil-A reached a $4.4 million settlement for overcharging consumers in five states for delivery services by increasing menu prices. While the listed delivery fee was only a few dollars, the brand increased menu prices for online and app-based orders by as much as 30%.
Google has become a veteran of class action lawsuits. The company has been involved in numerous legal actions, including a $700 million Play Store settlement, Chrome Incognito mode lawsuits, and more.
What the Poppi Lawsuit Means for You
If you have purchased Poppi’s prebiotic sodas and the lawsuit reaches a settlement, you may be entitled to compensation. However, these types of proceedings can drag on for months or even years. In the meantime, it’s important that you stay up-to-date on the case so you can take action if the opportunity arises.
There are plenty of other ongoing class action lawsuits that you may be eligible to join. You can also take advantage of the several resources available that can help you locate active class action claims windows and identify unclaimed money from past cases.
As a consumer, it’s vital for you to monitor any class action lawsuits that involve brands and products you use. Participating in these claims helps hold businesses accountable for their actions. Together, consumers can band together and drive meaningful change in the relationship between large companies and the customers who support them.