A class action lawsuit filed this week is taking aim at one of the central claims behind soda brand Poppi’s prodigious rise: its purported gut health benefits.
The suit, filed yesterday in U.S. District Court for the Northern District of California, alleges that the two grams of prebiotic fiber in a single 12 oz. can of Poppi is too low to have a meaningful impact on gut health, rendering its positioning as a “prebiotic soda” null and void.
The case hinges mainly on the effectiveness of agave inulin — the prebiotic fiber source in Poppi — in promoting gut health. Citing public research and media reporting, the plaintiff’s attorneys argue that “even as much as 7.5 grams of agave inulin taken daily for three weeks is insufficient to confer any meaningful prebiotic benefits.”
“A consumer would need to drink more than four Poppi sodas daily for 21 consecutive days before potentially noticing any meaningful and reliable ‘prebiotic’ effects,” at which point the harmful effects of high-sugar intake would outweigh any benefits. There’s also evidence that consuming too much agave inulin causes gas and bloating, they say.
Often mentioned alongside OLIPOP as the primary driver of the current gut-health ‘pop’ craze — which has attracted everyone from kombucha brewers to emerging platform brands — Poppi has fully embraced its role: per lawyers, the brand’s use of slogans like “For a Healthy Gut” and “Be Gut Happy. Be Gut Healthy” are cited as examples of misleading representations. It’s a similar approach as other fermented drinks: see Health-Ade (“Get That Good Gut Feeling”) or Lifeway (“Love Your Guts”).
For its part, OLIPOP has invested in research and collaborated with universities to produce white papers assessing their product’s impact on gut health. In clinical trials conducted with participation by Purdue University, findings indicated that consuming the equivalent of at least one can of OLIPOP (9 grams of fiber) per day for 30 days results in an increase in the intestinal bacteria Bifidobacteria, a critical part of gut function.
But the company has also altered its marketing approach in recent months, leaning in on the idea that it’s more of a next-gen soda than as a gut pop.
Could this open the door for more cases to follow? Fermented beverages have been a legal flashpoint in prior years, particularly with kombucha brands grappling over formulation techniques and testing methodology with regard to verifying alcohol content.
Yet none of those apparent concerns seem to have hurt Poppi with consumers thus far: the brand made news with a splashy Super Bowl ad back in February, while NielsenIQ scanner data has dollar sales for the brand +150% over the 52-weeks ended May 4. And with studies showing that as few as 5% of Americans get enough fiber in their diets, it’s easy to understand Poppi’s appeal as a better-for-you option.
But with persistent rumors of a potential acquisition by a major strategic, might these claims damage Poppi’s reputation in the eyes of a prospective buyer? We’ll be following.
Poppi declined to comment on this story, citing pending litigation.