A San Francisco, CA resident has filed a class action lawsuit against VNGR Beverage LLC d/b/a Poppi (Austin, TX), which makes the popular prebiotic soda brand, claiming the company’s representations about the product are false and misleading. Specifically, the plaintiff claimed the 2 grams of prebiotic fiber per can is too low an amount to cause meaningful gut health benefits.
 
In a statement to Nutraceuticals World, the company called the lawsuit “baseless” and said it would “vigorously defend against these allegations.”
 
Founded in 2016, Poppi began as a healthy alternative to traditional sodas featuring apple cider vinegar. The company gained notoriety after an appearance on Shark Tank in 2018 and underwent a rebrand.
 
Available nationwide in Whole Foods and a variety of other retailers, Poppi’s 2023 sales have been reported at more than $100 million. The brand is also the best-seller in the “soda soft drinks” category on Amazon.
 
The plaintiff in the case, Kristin Cobbs, filed the class action lawsuit on May 29 in the Northern District of California on behalf of herself and others who purchased the product believing it would offer health benefits.
 
As seen on the product’s cans, Poppi represents its brand as a “Prebiotic Soda” made “For a Healthy Gut,” the suit noted. “These representations are reinforced by the slogan ‘Be Gut Happy. Be Gut Healthy,’ accompanied by side label claims and vignettes representing that the Products have ‘Prebiotics for a Healthy Gut.’”
 
However, Cobbs claimed these representations are false and misleading and products “fail to live up to these promises.”
 
Along with claiming that 2 grams of agave inulin per can isn’t enough to confer a health benefit, the suit cited some research that claimed too much agave inulin can have negative health implications, including inflammation, immune, liver, and digestive issues.
 
“Specifically, the Products contain, at most, 2 grams of prebiotics from agave inulin dietary fiber, as listed on their nutrition facts panel. As discussed above, researchers have found that even as much as 7.5 grams of agave inulin taken daily 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. However, consumption at this rate would negate any prebiotic benefits.”
 
In a statement, Poppi said: “We are proud of the poppi brand and stand behind our products. We are on a mission to revolutionize soda for the next generation of soda drinkers, and we have diligently innovated to provide a tasting experience that millions of people have come to enjoy. We believe the lawsuit is baseless, and we will vigorously defend against these allegations.”