A federal judge has ruled that PepsiCo can be sued for allegedly making false health claims about its Gatorade protein bars. The lawsuit, filed by three self-described fitness enthusiasts, claims that the company’s marketing and labelling of the bars as healthy and protein-rich is deceptive.
According to the lawsuit, the bars contain more sugar than protein and more sugar than typical candy bars, with 29 grams of sugar and only 20 grams of protein per serving. The plaintiffs allege that PepsiCo created a “health halo” around the bars, making claims that they “help muscles rebuild” and are “backed by science.”
U.S. District Judge Casey Pitts in San Jose, California, ruled that the plaintiffs had plausibly alleged that PepsiCo’s marketing and labelling were deceptive. The judge noted that reasonable consumers may be unable to readily interpret the sugar content on labels and may be misled by PepsiCo’s claims.
PepsiCo had argued that the deception claims were “implausible” because the company did not market the bars as healthy or low in sugar. However, the judge disagreed, saying that PepsiCo can make health and protein content claims consistent with federal regulations.
The lawsuit seeks unspecified damages and is seeking class-action status. PepsiCo has not commented on the ruling.
Case Details:
- Case name: McCausland et al. v. PepsiCo, Inc.
- Court: U.S. District Court, Northern District of California
- Case number: No. 23-04526