PepsiCo can be sued over health claims for Gatorade protein bars, judge says

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PepsiCo Gatorade lawsuit

(Reuters) – PepsiCo can be sued for marketing its Gatorade protein bars as good for you though they have more sugar than protein and more sugar than typical candy bars, a federal judge ruled. Furthermore, the judge’s ruling highlights concerns about transparency in health claims. The PepsiCo Gatorade lawsuit questions whether the company provided accurate information to consumers. #PepsiCoGatoradeLawsuit

On Wednesday, U.S. District Judge Casey Pitts in San Jose, California ruled on a class action case. He found that three fitness enthusiasts plausibly alleged PepsiCo’s marketing and labeling were deceptive. This decision supports the claim that PepsiCo misled consumers.

Neither PepsiCo nor its lawyers immediately responded to requests for comment.

Not all protein bars are equal in nutritional benefits.

PepsiCo was accused last September of violating federal and state consumer protection laws by creating a “health halo” around Gatorade bars, including assurances they “help muscles rebuild,” are “used by the pros” and are “backed by science.”

According to the lawsuit, the bars are actually “fortified junk food” with 29 grams of sugar, including 28 grams of added sugar — more than the American Heart Association’s recommended 25 gram daily limit for women — and just 20 grams of protein.

The plaintiffs said excess consumption of added sugar is linked to high rates of obesity, diabetes and cardiovascular disease.

They claimed they would have avoided buying Gatorade bars or paid less if they understood the nutritional content. Now, they seek unspecified damages.

PepsiCo dismissed the deception claims as “implausible,” arguing that it did not market the bars as healthy or low in sugar. This is especially true for flavors like Chocolate Chip and Cookies and Cream. #PepsiCoGatoradeLawsuit

Ultimately, the PepsiCo Gatorade lawsuit underscores the importance of truthful advertising. With this legal battle, companies must be cautious in making health claims.
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