Poppi Soda Lawsuit: What Prebiotic Drink Consumers Need to Know

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As consumers increasingly seek healthier alternatives to traditional sodas, the scrutiny surrounding health claims in the beverage industry intensifies. In May 2024, Poppi soda became the focus of a class-action lawsuit, raising concerns about the health claims made by the popular prebiotic soda brand. Here, Ethen Ostroff Law breaks down what this Poppi soda lawsuit means, the allegations against Poppi, and how it could impact consumers like you.

poppi soda lawsuit

What is Poppi Soda?

Poppi, created by VNGR Beverage LLC, hit the market in 2016 as a healthier alternative to traditional sodas. The brand gained significant attention after appearing on the television show “Shark Tank,” which helped boost its popularity. Poppi markets itself as a “prebiotic soda” that promotes gut health, featuring slogans like “Be Gut Happy. Be Gut Healthy.” 

Poppi Soda Flavors

Poppi soda offers a delightful array of flavors that aim to blend refreshing taste with gut health benefits. Here’s what you can find on the menu:

  • Cherry Cola (newly launched as of September 2024) 
  • Cherry Limeade 
  • Classic Cola 
  • Doc Pop (a twist on a classic soda flavor) 
  • Ginger Lime 
  • Grape 
  • Grapefruit 
  • Lemon Lime 
  • Orange 
  • Orange Cream 
  • Raspberry Rose 
  • Root Beer 
  • Strawberry Lemon 
  • Watermelon 
  • Wild Berry 

Prebiotics: Why Are They Important?

Prebiotics are a unique kind of dietary fiber that act as food for the friendly bacteria in our gut. These good bacteria are essential for maintaining a healthy digestive system and can boost our overall gut health. However, not all prebiotic sources are the same. Many common foods—like fruits, vegetables, and whole grains—are naturally rich in prebiotics. When it comes to products like Poppi soda, the level of prebiotics they contain can drastically affect their health benefits, so it’s worth keeping an eye on what we’re putting into our bodies.

Health Claims Made by Poppi Prebiotic Sodas

Poppi has positioned itself as a go-to option for those looking to enhance their gut health through flavorful beverages. The brand emphasizes various claims about its prebiotic sodas that appeal to health-conscious consumers.

  • Gut Health Promotion: Poppi promotes itself as a beverage that supports gut health, proudly displaying slogans like “Be Gut Happy. Be Gut Healthy.” The brand emphasizes that its drinks are loaded with ingredients aimed at supporting our digestive well-being. 
  • Low Sugar and Caloric Content: Poppi also highlights its low sugar and calorie count, marketing its sodas as a healthier alternative to traditional soft drinks. With just 5 grams of sugar or less and 25 calories or fewer per can, Poppi aims to attract health-conscious consumers seeking lower-sugar options. 
  • Natural Ingredients: Furthermore, Poppi’s marketing underscores its commitment to natural ingredients, featuring apple cider vinegar and natural fruit juices. These components are often associated with various health benefits, further solidifying the brand’s image as a wholesome choice for those looking to enhance their gut health. 
  • Prebiotic Content: A standout feature of Poppi sodas is their prebiotic content. Each can of soda contains agave inulin, a type of dietary fiber that serves as a prebiotic. The company claims this ingredient is key to nourishing the good bacteria in our gut, which is essential for maintaining digestive health.

Controversy Over Prebiotic Content

On May 29, 2024, Kristin Cobbs filed a class-action lawsuit in the U.S. District Court for the Northern District of California, taking aim at Poppi soda’s claims about its prebiotic benefits. The lawsuit focuses on how the brand promotes its drinks as gut health boosters while noting the surprisingly low amount of prebiotic fiber in each can.

Research has since cast doubt on the effectiveness of the 2 grams of prebiotic agave inulin found in Poppi sodas. Experts argue that this small amount is unlikely to deliver any real gut health benefits, particularly when it’s part of a typical diet. The Poppi soda class action lawsuit references studies showing that most adults can easily meet their prebiotic needs through common foods like fruits, vegetables, and whole grains. This raises concerns that relying on Poppi soda as a primary source of prebiotics might not provide any meaningful support for digestive health.

Poppi Soda Class Action Lawsuit

In May 2024, Kristin Cobbs, a consumer from San Francisco, filed a class action lawsuit against Poppi soda in the U.S. District Court for the Northern District of California. The lawsuit claims that Poppi’s marketing misleads consumers into thinking their sodas provide significant gut health benefits.

The lawsuit argues that each can of Poppi contains only about 2 grams of prebiotic fiber, which isn’t enough to offer any real gut health benefits. According to the complaint, you’d need to drink four or more cans daily to notice any difference, which most people wouldn’t do. This raises doubts about Poppi’s claims that their sodas support gut health.

The lawsuit also points out that drinking too much Poppi could lead to health issues like cramps, liver damage, and diarrhea because of the sugar content. While Poppi is marketed as a healthier option, the lawsuit argues that having multiple cans a day could actually be harmful.

Cobbs claims Poppi’s marketing violates California’s False Advertising Law, the Consumers Legal Remedies Act, and the Unfair Competition Law. The Poppi class action lawsuit accuses Poppi of leading consumers to believe they’re buying a product that promotes health, when in reality, the benefits are minimal.

Potential Health Effects of Poppi Soda

While Poppi soda is marketed as a fun and healthy drink option, it’s worth taking a moment to consider some potential health effects that come with regular consumption. The lawsuit surrounding Poppi has raised a few important concerns we should keep in mind.

  • Digestive Issues: One of the biggest worries is the sugar content in these sodas. Drinking too much sugar can upset our stomachs, leading to issues like bloating, cramps, or even diarrhea. If you’re sensitive to sugar, these side effects might make enjoying a Poppi soda less enjoyable. 
  • Insufficient Fiber Intake: While Poppi promotes its prebiotic benefits, relying on these sodas alone for your fiber needs isn’t the best idea. Many people might not realize that to any health benefits from the prebiotics, they’d need to drink several cans a day. This could end up leaving them with a lower overall fiber intake than they need for good digestive health. 
  • Liver Health: Another thing to think about is how excess sugar can affect our liver. Studies suggest that consuming too much sugar can lead to liver damage over time, especially for those who might already have health issues. It’s definitely something to consider if you enjoy sweet drinks regularly.

Legal Claims Against Poppi

The legal actions against Poppi center around a series of alleged violations tied to its marketing and product claims. Here are the primary causes of action in the Poppi prebiotic soda lawsuit:

  • Unjust Enrichment: The lawsuit claims that Poppi unjustly profited from misleading consumers, gaining financial advantages from false claims about the effectiveness of its product. 
  • Violation of California’s Consumers Legal Remedies Act: This claim contends that Poppi engaged in unlawful business practices by misrepresenting the benefits of its product, violating consumer rights under this specific California law. 
  • Violation of California’s False Advertising Law: The Poppi soda lawsuit alleges that Poppi misled consumers through false or deceptive advertising regarding the health benefits of its prebiotic sodas. This law is designed to protect consumers from misleading marketing practices. 
  • Violation of California’s Unfair Competition Law: Plaintiffs argue that Poppi’s marketing strategies constitute unfair competition by misleading consumers into buying a product that fails to deliver the promised health benefits.

Relief Sought in Poppi Lawsuit

In the lawsuit against Poppi, the plaintiffs are asking for several forms of relief, including:

  • A Favorable Judgment: A ruling in favor of the plaintiffs and all affected consumers. 
  • Class Certification: To allow the case to move forward as a class action. 
  • Injunctive Relief: A court order to stop Poppi from making any more misleading health claims. 
  • Legal Fees: Coverage of attorneys’ fees and court costs. 
  • Monetary Compensation: Financial damages for those who bought Poppi based on misleading claims. 
  • Restitution: Refunds or other equitable relief for consumers.

Poppi's Take on the Lawsuit

In light of the recent Poppi soda class-action lawsuit challenging its marketing claims about gut health, Poppi Soda has stepped forward to address the concerns. The company emphasizes its commitment to providing quality products, proudly declaring that they’re on a mission to change the soda game for the next generation of drinkers.

Poppi highlights the unique taste experience they’ve created, which has resonated with many consumers. They firmly believe that the lawsuit is without merit and plan to stand their ground, defending themselves against these allegations. This response shows that Poppi is serious about contesting the claims made by the plaintiffs regarding misleading health benefits.

Legal Defenses Poppi Might Use

Poppi is likely to employ various legal defenses in response to the lawsuit. Some potential arguments include:

  • Aspirational Marketing: Poppi may claim that its health claims are aspirational and not meant to be interpreted as definitive promises. 
  • Compliance with Regulations: Poppi might assert that its labeling and marketing practices comply with existing food and beverage regulatory standards. 
  • Consumer Expectations: The company might argue that no reasonable consumer would expect soda to serve as a medicinal product or rely on vague health claims. 
  • Scientific Basis: Poppi could present evidence supporting the sufficiency of its prebiotic content, arguing that even a small amount can contribute positively to gut health when part of a balanced diet.

Legal Options for Consumers Impacted by Poppi Soda

For those who’ve purchased Poppi soda, particularly based on its advertised health benefits, there are several legal avenues to consider in light of the ongoing class-action lawsuit. Here are the main options available:

  • File Individual Lawsuits: If you believe your situation requires separate legal action—especially if you’ve faced specific health issues or significant expenses due to consuming Poppi products—you may opt to file an individual Poppi soda lawsuit. 
  • Join the Class Action Lawsuit: If you feel misled by Poppi’s marketing, you can join the Poppi soda class-action lawsuit led by Kristin Cobbs. This gives consumers the chance to collectively seek compensation for damages related to misleading advertising and the low prebiotic content in Poppi sodas. 
  • Report to Regulatory Bodies: Another option is to file complaints with consumer protection agencies or regulatory organizations, like the Federal Trade Commission or your state’s consumer protection office. This step can help raise awareness about potentially misleading advertising and may lead to further scrutiny. 
  • Seek Compensation: You can pursue monetary compensation for any damage suffered, including refunds for products you bought under the impression of their health benefits. The Poppi soda class action lawsuit is seeking $5 million in damages, which could provide financial relief for affected consumers if it’s successful. 
  • Consult with Legal Experts: Lastly, it’s wise for affected individuals to consider consulting a lawyer who specializes in consumer protection or class-action lawsuits. They can help you understand your rights and options, offering guidance on the potential for individual claims and assisting you in navigating the complexities of the Poppi soda lawsuit.

Steps to File a Lawsuit Against Poppi

If you’re considering taking legal action against Poppi for misleading marketing or health claims, here’s a simple breakdown of what you should do:

  • Understand the Allegations: Start by learning the details of the claims. The lawsuit against Poppi argues that the company’s marketing misrepresents its gut health benefits. It highlights that each can only contains 2 grams of prebiotic agave inulin—allegedly not enough for real health benefits—and raises concerns about the high sugar content potentially undermining any advantages. 
  • Gather Your Evidence: To support your case, you’ll need documentation. This can include receipts for any Poppi products you bought product labels or ads that mention health benefits, and your personal experience, like any health issues you noticed after drinking Poppi. 
  • Talk to a Lawyer: Consult with a lawyer experienced in consumer protection or class-action lawsuits. They’ll help you understand your case’s strength and guide you through the process. 
  • Consider Joining the Class Action: If your concerns match those in the ongoing lawsuit, joining the class action might be the easiest route. It’s usually simpler and more efficient to join others with similar claims than to proceed alone. 
  • File Your Own Lawsuit (If needed): If your situation is unique—such as specific health problems—you might want to file an individual lawsuit. A lawyer can help you draft and submit a complaint to the court. 
  • Stay Informed: Keep track of updates on the class action. The outcome could affect your options or result in changes to how Poppi markets its products

Who Can File a Poppi Soda Lawsuit?

If Poppi’s marketing claims or the product itself have negatively impacted you, you may be eligible for legal action. Here’s who can file a lawsuit:

  • Health Issues: If drinking Poppi caused digestive problems or other health concerns. 
  • Joining the Class Action: If your experience aligns with others, you may choose to join the current class-action lawsuit against Poppi. 
  • Misled Consumers: If you purchased Poppi soda for its gut health benefits but now feel misled by its claims. 
  • Seeking Refunds or Compensation: If the product didn’t deliver on its health promises, you may be entitled to refunds or compensation for false advertising.

Possible Compensation in the Poppi Lawsuit

In the ongoing Poppi lawsuit, the plaintiffs are seeking several forms of compensation to address their concerns about misleading marketing practices. Here’s what they might be after:

  • Injunctive relief 
  • Legal fees and expenses 
  • Medical expenses 
  • Refunds for money spent on Poppi sodas 
  • Restitution

Hire Ethen Ostroff Law

With Poppi sued for misleading consumers about the health benefits of its sodas, the case highlights the need for transparency in the prebiotic beverage market and the importance of consumers making informed choices about health products. As this case unfolds, it could set important precedents for how beverage companies, including those involved in the Olipop soda lawsuit, market their products and health claims. If you’ve experienced any negative effects from drinking Poppi soda or have questions about your rights, it’s essential to consult with a knowledgeable attorney. At Ethen Ostroff Law, we can help you navigate the legal complexities surrounding these claims and explore your options. Contact us for a free case review

FAQs on the Poppi Soda Lawsuit

While Poppi soda is marketed as a health drink, consuming it in large amounts might lead to some side effects, such as:

  • A higher risk of liver damage due to its sugar content. 
  • Digestive problems like cramps and diarrhea. 
  • Not getting enough fiber if you rely on it as your main source of prebiotics.

Drinking Poppi soda in moderation is likely fine for most people, but you should be cautious about its high sugar content. Having it daily might lead to too much sugar, which could harm your gut health instead of helping it. It’s best to complement it with whole foods that offer plenty of fiber.

Olipop, which competes with Poppi in the prebiotic soda market, also makes claims about gut health. However, drinking too much Olipop might result in side effects like:

  • An increased risk of excessive sugar intake, which can lead to digestive issues and other health concerns. 
  • Gastrointestinal discomfort, including bloating or gas.

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While in law school, he distinguished himself as Executive Editor of JURIS Magazine, received the prestigious CALI Excellence for the Future Award, and completed five hands-on internships that laid a strong foundation for his legal career.


Nicholas began his post-graduate career clerking for the Honorable Linda Rovder Fleming in the Cambria County Court of Common Pleas. From there, he quickly found his calling in workers’ compensation, personal injury, and Social Security disability law—areas where he could directly impact people’s lives in moments of crisis. He’s helped clients navigate complex legal claims, including securing a settlement exceeding $300,000.

Nicholas brings clear communication, genuine empathy, and an unrelenting drive to achieve the best outcomes for his clients. Whether he’s navigating a complex workers’ comp claim or pushing for a major settlement, he brings focus, dedication, and deep legal knowledge to every case.

He’s also a proud member of Pennsylvania Advocates for Justice and remains active in various professional legal organizations. Nicholas is licensed to practice law in Pennsylvania.

When he’s not fighting for the injured, Nicholas is enjoying time with his family, kicking a soccer ball around, hitting the golf course, or cheering on Pittsburgh’s local teams.

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Joe is a Philadelphia native and maintains deep roots in the area.  As the grandson of a Philadelphia Firefighter, son of a Philadelphia public school teacher, and veteran of the United State Marine Corps, he was taught to value service, dedication, and hard work.   He applies these values to every case and takes great satisfaction in representing hard-working clients with those same traits.

After obtaining his bachelor’s degree in history from St. Vincent College in Western Pennsylvania, he graduated from Villanova Law School in 2012 and, since then, has litigated hundreds of workers’ compensation hearings and trial depositions on behalf of both employers and injured workers.  During this time, Mr. Ring has written articles and presented Continuing Legal Education courses on developments in Pennsylvania Workers’ Compensation Law.  He is active in local professional organizations, and, in 2022, he served a Co-chairperson of the Philadelphia Bar Associations Workers’ Compensation Section.

Since coming to EOL in 2024, he has dedicated his practice entirely to helping injured workers navigate the system and obtain their rightful benefits.

Joe is licensed to practice in Pennsylvania.

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Brandon’s education in both law and medicine assist him in expertly representing badly injured victims. Brandon has a Master’s Degree in Forensic Medicine from the Philadelphia College of Osteopathic Medicine, with a concentration in anatomy and pathology. With this knowledge,  Brandon is skilled at analyzing medical records and understanding injuries that are common in personal injury claims. He uses this expertise in conjunction with listening carefully to each client’s needs, in order to fiercely advocate for clients and tell their stories when they would not otherwise have a voice.

Brandon’s background includes a variety of experience and skills in various areas of civil practice. He is the author and editor of numerous books for the George T. Bisel Publishing Company, including “Pennsylvania Damages” and the “Pennsylvania Vehicle Code Annotated,” two texts that are frequently relied on by lawyers and judges across Pennsylvania as authoritative resources on personal injury law.

Brandon is a member of the Pennsylvania and Montgomery Bar Associations. He is also a member of Pennsylvania Association for Justice, and has served as an executive board member of the Montgomery American Inn of Court.

He is admitted to practice in the Commonwealth of Pennsylvania, the United States District Courts for the Eastern District of Pennsylvania and Middle District of Pennsylvania, the State of New Jersey, the United States District Court for the District of New Jersey, and in the Commonwealth of Virginia. Brandon has represented many clients in motor vehicle, premises liability, animal bite, and products liability cases across Pennsylvania and New Jersey and has obtained outstanding results with millions of dollars recovered for his clients.

He has been named a Pennsylvania Rising Star from 2021 onward. The “Super Lawyers-Rising Star®”, list recognizes no more than 2.5 percent of attorneys in each state

Brandon currently lives in Malvern with his wife Rachel and their son Max.

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If, for any reason, our Terms of Use, Privacy Policy, or any portion thereof to be unenforceable, such provision shall be enforced to the maximum extent permissible so as to give the intended effect thereof, and the remainder of these Terms of Use and Privacy Policy shall continue in full force and effect. EO’s failure to act with respect to a breach by you or others does not waive our right to act with respect to that breach or subsequent or similar breaches. No consent or waiver by EO hereof will be deemed effective unless in writing. These Terms of Use, together with our Privacy Policy, as each is currently posted, constitute the entire agreement between EO and you with respect to your use of the Site and supersede all previous written or oral agreements relating to the subject matter hereof, that this agreement shall not supersede, restrict, or replace any agreements governing the attorney-client relationship between EO and EO Clients.

EO may, in its sole discretion and without prior notice, block and/or terminate your access to the Site and if we determine that you have violated these Terms of Use or other terms or agreements or that may be associated therewith or if you use the Site in a way that we deem, in our sole discretion, to be an unacceptable use.