A federal judge has ruled that PepsiCo, Inc. can be sued for its marketing of Gatorade protein bars. The lawsuit, filed by three fitness enthusiasts, alleges that PepsiCo deceptively marketed the bars as healthy despite their high sugar content. The judge, Casey Pitts in San Jose, California, found that the plaintiffs plausibly argued that PepsiCo’s marketing and labeling were misleading.
The lawsuit claims that the Gatorade protein bars, which contain 29 grams of sugar (28 grams added), are “fortified junk food” and surpass the American Heart Association’s recommended daily sugar intake for women. The plaintiffs contend that the bars’ excessive sugar content, exceeding that of typical candy bars, is linked to health issues like obesity, diabetes, and heart disease. They claim they wouldn’t have purchased the bars, or would have paid less for them, had they known their true nutritional content.
PepsiCo, in its defense, claims that the bars were not marketed as healthy or low in sugar, especially for flavors like Chocolate Chip and Cookies and Cream. The company argued that the claims of deception are “implausible.”
This lawsuit could have significant implications for PepsiCo, as it highlights the growing consumer awareness and scrutiny of food labeling and marketing practices. It also raises concerns about the healthfulness of protein bars, a popular category in the fitness and nutrition space.
