Gatorade Protein Bars Face Lawsuit Over False Health Claims
A federal judge has ruled that a lawsuit against PepsiCo, the maker of Gatorade protein bars, can proceed. The plaintiffs argue that the company made false claims about the bars’ health benefits. U.S. District Judge Casey Pitts in San Jose, California, stated that the consumers had provided plausible evidence that PepsiCo’s marketing and labeling were deceptive.
The lawsuit was filed in 2023 by three fitness enthusiasts who claimed that Gatorade protein bars were falsely advertised as promoting fitness, health, athleticism, and well-being. The consumers argued that a single serving of the bars exceeded the daily recommended limits for added sugars, as advised by the American Heart Association (AHA). The AHA suggests no more than 25 grams of added sugar per day for women and 36 grams for men.
According to the lawsuit, Gatorade protein bars contain 29 grams of sugar, including 28 grams of added sugar and only 20 grams of protein. The plaintiffs assert that if the product had been marketed transparently as a high-added sugar candy or junk food, they would not have purchased it.
The consumers also referenced health advice from the Centers for Disease Control and Prevention (CDC), which links excessive consumption of added sugars to obesity, diabetes, cardiovascular disease, and certain cancers. They claimed that PepsiCo violated several 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.
PepsiCo sought to dismiss the lawsuit, arguing that the claims were implausible because the bars were not marketed as healthy or low in sugar. The company maintained that the labels disclosed the sugar content and that statements about protein, athletic recovery, and muscle rebuilding did not imply health or low sugar content.
However, Judge Pitts determined that the plaintiffs were reasonable consumers who were deceived by PepsiCo’s marketing campaign and science-backed claims. He acknowledged that certain claims made by PepsiCo were consistent with federal regulations but found that many others could be construed as deceptive or misleading advertising.
While the judge agreed that PepsiCo can make health and protein-content claims in line with federal regulations, he noted that the U.S. Food and Drug Administration does not consider sugar a disqualifying ingredient when making health claims.
The plaintiffs are seeking compensatory and punitive damages, and the case will now proceed. The Epoch Times has reached out to PepsiCo for comment on the ruling.
This lawsuit serves as a reminder of the importance of transparent and accurate marketing practices in the food and beverage industry. Consumers rely on the information provided on product labels to make informed decisions about their health and well-being. Misleading claims can not only lead to financial loss but also pose potential health risks.
The excessive consumption of added sugars has been linked to various health conditions, including obesity, diabetes, and cardiovascular disease. It is essential for companies to adhere to recommended guidelines and provide accurate information to consumers. This case highlights the need for stricter regulation and enforcement to ensure that companies do not mislead consumers with false health claims.
As consumers, it is crucial to be vigilant and informed about the products we consume. Reading labels, understanding recommended guidelines, and staying updated on health advice from trusted sources can help us make better choices for our well-being. By holding companies accountable for deceptive marketing practices, we can encourage transparency and promote a healthier marketplace.
