Judge Green-Lights Lawsuit Accusing PepsiCo Of Deceptively Advertising Protein Bars

Authored by Katabella Roberts via The Epoch Times,

A lawsuit against food and beverage giant PepsiCo alleging it made false claims about how healthy its Gatorade protein bars are can proceed, a federal judge ruled on Aug. 15.

In his ruling, U.S. District Judge Casey Pitts in San Jose, California, said the three consumer plaintiffs in the legal challenge against PepsiCo had plausibly alleged that the company’s marketing and labeling was deceptive.

As a result, the judge said the lawsuit can move forward.

The ruling stems from a class-action lawsuit filed against PepsiCo in 2023 by three self-described fitness enthusiasts alleging the company “deceptively advertises that its Gatorade Protein Bars promote consumers’ fitness, health, athleticism, and well-being when they in fact contain high levels of total and added sugars that render such claims misleading.”

In their lawsuit, the consumers argued that a single serving of PepsiCo’s Gatorade protein bar exceeds the daily, health-based limits for added sugars recommended by the American Heart Association (AHA) for women and youth. It also approaches the daily limit for men, they said.

The AHA recommends no more than 25 grams of added sugar per day for women and 36 grams for men.

According to the lawsuit, PepsiCo’s Gatorade protein bars contain 29 grams of sugar, including 28 grams of added sugar and just 20 grams of protein.

“Plaintiffs would not have purchased, purchased as many of, or paid as much for Gatorade Protein Bars had the product been marketed transparently—that is, as an excessively high added sugar candy or junk food the consumption of which health authorities recommend eliminating and/or limiting because of associated health risks,” the lawsuit stated.

The consumers, in their lawsuit, also highlighted health advice from the Centers for Disease Control and Prevention (CDC) noting that excessive consumption of added sugars correlates with obesity, diabetes, and other related medical conditions including cardiovascular disease and certain cancers.

They claimed PepsiCo violated multiple federal and state laws, including the California Unfair Competition Law, the California Consumer Legal Remedies Act, California’s False Advertising Law, and the federal Food, Drug, and Cosmetic Act among others.

PepsiCo Says Claims Are ‘Implausible’

The three plaintiffs are seeking an unspecified amount in compensatory and punitive damages.

PepsiCo had sought to dismiss the lawsuit, arguing the claims were “implausible” because it did not market the bars as healthy or low in sugar, particularly for flavors like Chocolate Chip and Cookies and Cream.

The company said in court documents that “truthful statements about protein, athletic recovery, and rebuilding muscles do not mean healthy or low in sugar,” and that the label does in fact disclose the sugar content of the bars.

PepsiCo further argued that it is preempted under the Food, Drug, and Cosmetic Act and that the plaintiffs’ claims “would impose requirements for labeling sugar content that differ from the requirements of federal law.”

In his ruling, Judge Pitts said plaintiffs in the lawsuit have plausibly pleaded that they were otherwise “reasonable consumers, were not knowledgeable enough to properly interpret the sugar content listed on the label, and were deceived given PepsiCo’s marketing campaign and self-proclaimed science-backed claims.”

The judge noted that PepsiCo is correct that plaintiffs’ claims are preempted “to the extent they challenge health or protein-content claims that are consistent with federal regulations.”

However, he found that many of the statements plaintiffs claim constitute deceptive or misleading advertising cannot reasonably be construed as health or nutrient-content claims, and therefore are not preempted.

The judge also agreed that PepsiCo can make health- and protein-content claims consistent with federal regulations, noting that the U.S. Food and Drug Administration does not consider sugar a “disqualifying ingredient” when making health claims.

The Epoch Times has contacted PepsiCo for comment.