Gatorade protein bar class action lawsuit survives dismissal bid

Gatorade protein bar class action lawsuit overview:

• Who: A California federal judge partially dismissed a class action lawsuit filed against PepsiCo.
• Why: Consumers claim PepsiCo misled the public about the sugar and protein content in its Gatorade protein bars. The judge overseeing the case determined the plaintiffs lack standing to seek injunctive relief.
• Where: The class action lawsuit was filed in California federal court.

A California federal judge partially dismissed a class action lawsuit filed against PepsiCo over claims the company deceptively advertises and labels its Gatorade protein bars.

Plaintiffs Ian McCausland, Carlo Garcia and Michael Zurl claimed in an amended class action lawsuit that PepsiCo misled consumers about the sugar and protein content in its Gatorade protein bars. 

U.S. District Judge P. Casey Pitts previously granted in part and denied in part a motion by PepsiCo to dismiss the original complaint and, in his order this month, ruled the consumers plausibly alleged claims of consumer deception in their amended complaint. 

The judge ruled the plaintiffs’ allegations in support of their consumer deception claims have not changed in the amended complaint and that they continue to state plausible claims of consumer deception.

Pitts did, however, dismiss without prejudice the plaintiffs’ request for injunctive relief without leave to amend, determining the consumers cannot manufacture a concrete threat of future harm by simply alleging they do not read labels. 

Gatorade protein bar class action dismissed plaintiffs’ claims for monetary relief

The judge also dismissed the plaintiffs’ claims for monetary relief under the UCL and California’s Consumers Legal Remedies Act without leave to amend, determining the consumers failed to allege they lacked an adequate legal remedy as required to state a claim for equitable relief. 

Pitts ruled the consumers also failed to allege any facts supporting their allegation that they lack an equitable legal remedy. The dismissal was without prejudice to the plaintiffs’ reassertion of those claims in a state court.

PepsiCo’s motion to dismiss the plaintiffs’ claims under the “unlawful” and “unfair” prongs of California’s Unfair Competition Law were also denied by the judge. 

A similar class action lawsuit claiming PepsiCo misbranded its Gatorade Fit drinks as “healthy” was trimmed by a separate California federal judge in late 2023. 

What do you think of the claims in this Gatorade protein bar class action lawsuit? Let us know in the comments.

The plaintiffs are represented by Jonathan Shub of Shub Law Firm LLC and Sean L. Reis of Reis Law LLC.

The Gatorade protein bar class action lawsuit is McCausland, et al. v. PepsiCo, Inc., Case No. 23-cv-04526-PCP, in the U.S. District Court for the Northern District of California.

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