Poppi prebiotic soda sued for misleading health claims

3 months ago 26
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I first became aware of soda brand Poppi from seeing their commercials. Was I lured in by the bright colors and flashy graphics? Like a cat with a shiny toy. Then two lines leapt out at me: “Soda’s back!” and “This will be the last moment you’ll ever think of soda as being a dirty word.” Um, excuse me?! Soda can’t be “back” because it never went away in my life, and how dare you suggest that I think of it as a dirty little secret! Needless to say, I didn’t jive with their basic premise. Well, now Poppi is facing a class-action lawsuit from a disgruntled consumer. (And no, it’s not for defamation against soda’s fine name.) A Ms. Kristin Cobbs filed a fraud case in California, saying that Poppi “committed acts of false and misleading advertising.” How did they do this? By positioning themselves as a “healthy soda,” when in fact their product does not “provide meaningful prebiotic effects.” Ha — who’s the dirty word now, Poppi?!

Popping Poppi’s prebiotic pledge: Poppi bills itself as a “better for you” soda alternative, containing 5g sugar, apple cider vinegar, and has 25 calories or less. The soda can says “prebiotic,” and much of its marketing centers around the inclusion of prebiotics that are purported to promote gut health. However, a class-action consumer fraud lawsuit filed in a California court Friday by plaintiff Kristin Cobbs claims “Poppi soda only contains two grams of prebiotic fiber, an amount too low to cause meaningful gut health benefits for the consumer from just one can.” The suit continues that “a consumer would need to drink more than four Poppi sodas in a day to realize any potential health benefits from its prebiotic fiber.” The high sugar content of four sodas a day, the lawsuit alleges, “would offset most, if not all, of these purported gut health benefits.”

The brand’s rebuttal: A spokesperson for Poppi tells PEOPLE, “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.”

Wait, now they’re claiming prebiotics are bad for you? The lawsuit alleges that the specific type of prebiotic used in Poppi, the dietary fiber agave inulin, “can lead to adverse health results. Studies show that taking as little as 2.5 grams of prebiotic supplements, including agave inulin, can lead to a build-up of gas, causing abdominal discomfort.” The lawsuit cites another study that it says “found that an inulin based diet can lead to inflammation and even liver damage at doses as small as 10 to 30 grams per day over a 3-week period.”

The price of pop: Poppi is the best-selling soft drink on Amazon, Inc. reported, which added that their annual revenue may have topped $100 million. A 12-pack of soda, purchased on Poppi’s website, is nearly $30. And as the lawsuit says, “Ms. Cobbs paid a substantial price premium due to Defendant’s false and misleading claims regarding the Products’ purported health benefits. Ms. Cobbs, however, did not receive the benefit of her bargains because the Products did not, in fact, contain enough ‘prebiotics’ to achieve any meaningful ‘gut health.’ Likewise, Ms. Cobbs was unaware that excessive consumption of the Products could negatively impact her health.”

[From People]

Ok look, I may have ribbed Poppi for besmirching the name of my good friend and frequent companion, soda. But even I admit (however begrudgingly) that being healthy is a good thing and it’s admirable that Poppi wants to offer a satisfying yet less sugary/caloric option. And in all likelihood the arteries in my body are begging, pleading with their last gasps of breath for me to give them a friggin’ break. That being said, I never thought of Poppi as being a “health drink,” so much as a soft drink alternative not as egregiously bad for you as your cokes, root beers, or cream sodas. If I wanted to add prebiotics into my diet, I wouldn’t grab a Poppi, is what I’m saying. (I also wouldn’t grab one if I had a real hankering for a soda, but you already knew that.)

Furthermore, I think that the language Poppi uses on their website is just vague enough to protect them in a court of law. They say the prebiotic may support gut health. And they don’t explicitly call themselves a healthy soda, but a “better one” in comparison to those with “empty calories and excess sugar.” Ms. Cobbs’ zeroing in on the prebiotic quotient may end up being her case’s undoing. On the price front, though, she has them dead to rights: a 12 pack of Poppi’s Classic Cola flavor costs $24, whereas Coca Cola brand will run you $8.26 at Walmart. Sorry to burst your bubble, Poppi.

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