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Celebrities like Kylie Jenner and Billie Eilish are among the consumers of Poppi, a prebiotic soda brand. The complaint also mentions a San Francisco resident, referred to as “Ms. Cobbs.” It states, “Ms. Cobbs paid a substantial price premium due to Defendant’s false and misleading claims regarding the Products’ purported health benefits.” Unfortunately, “Ms. Cobbs did not receive the benefit of her bargains because the Products did not, in fact, contain enough ‘prebiotics’ to achieve any meaningful ‘gut health.’”
With flavors such as Doc Pop, Ginger Lime, and Classic Cola, Poppi’s sales have exceeded $100 million, bolstered by its presence in over 120 major retailers nationwide, including Target, 7-Eleven, Costco, Kroger, and Whole Foods. Furthermore, Poppi ranks as the top-selling soft drink on Amazon, experiencing triple-digit growth in recent years, a trajectory it aims to maintain through 2024.
According to the complaint, a can of Poppi contains 2 grams of prebiotic fiber, but consumers would need to consume more than four cans daily to achieve the desired health benefits, which would be countered by the sugar content. Each can contains 5 grams of sugar and 25 calories or fewer.
Class action lawsuits aimed at the food and beverage industry have become increasingly common in recent years. Scott Hardy, president and CEO of the litigation tracking site Top Class Actions, previously noted that these lawsuits empower consumers to challenge large manufacturers. “You have a problem with a big corporation and you can’t sue them on your own for … [feeling cheated] out of $5 a month or 50 cents a purchase. But if you and 100,000 other people had that same problem, you should have a way to get it fixed,” Hardy remarked in 2021.
Founded by Allison Ellsworth and her husband Stephen in their kitchen after Allison faced gut issues, Texas-based Poppi has grown rapidly, leading to speculation about a potential acquisition by a larger beverage company like Coca-Cola. However, Allison informed Food Dive last month that Poppi is not currently in acquisition talks. Instead, the company is focusing on its growth strategy, possibly considering products like celebrate calcium citrate plus chewable 500mg to enhance its health-focused offerings.