New Gatorade class action targets ‘hydrates better than water’ claim

Gatorade class action lawsuit overview:

• Who: Plaintiff Michael Walsh filed a class action lawsuit against PepsiCo Inc. and The Gatorade Company.
• Why: Walsh claims Gatorade falsely labels its drinks as hydrating better than water and free of artificial flavors.
• Where: The Gatorade class action lawsuit was filed in New York federal court.

Another class action has been filed alleging Gatorade misleads consumers nationwide by claiming its sports drinks hydrate better than water.

Plaintiff Michael Walsh claims the “Hydrates Better Than Water” label on Classic Gatorade, Gatorade Zero, Gatorade Lower Sugar and Gatorade Zero powder sticks is false for most people who drink them.

Walsh argues the drinks replace electrolytes, sodium and carbohydrates lost through sweat, which only translates to better hydration during exercise. For people who are not sweating, he claims the drinks offer no extra hydration and simply add sugar, noting a bottle of Classic Gatorade contains 69% of a person’s daily added sugar intake.

The plaintiff points to an article on Gatorade’s own website that ties fluid loss to exercise, especially workouts longer than 60 minutes, and states its goal is not to replace water. “This claim is false and misleading because any hydration benefit Gatorade has over water applies only when the consumer is sweating, which is not the case for most consumers,” the class action lawsuit says.

Walsh says he bought Gatorade Lower Sugar several times, most recently two bottles for $1.69 each at a California Target in June 2026. He claims he relied on both label claims and would have paid less, or not bought the drinks at all, had he known the truth. 

He wants to represent a nationwide class of consumers who bought any of the four products from March 1, 2026, through the date of judgment or until the alleged conduct stops, along with a California subclass.

Gatorade class action also makes claims against ‘no artificial flavors’ labels

Walsh also challenges labels claiming the drinks contain no artificial flavors or are “naturally flavored with other natural flavors.” 

He alleges that citric acid and sodium citrate rank among the top five ingredients in all four products and are listed first and third, respectively, on the Gatorade Zero powder’s ingredient list. The plaintiff argues both are artificial flavorings that give the drinks their tart taste.

Citing a 2018 report in Toxicology Reports, Walsh says about 99% of the world’s citric acid is made through a microbial process using a mutant strain of black mold called Aspergillus niger and argues Gatorade’s citric acid is therefore manufactured. 

The same research links manufactured citric acid to reported side effects, such as joint pain, muscle pain and respiratory symptoms, although Walsh claims only financial harm.

Walsh claims Gatorade violated New York and California consumer protection and false advertising laws. He demands a jury trial and requests declaratory and injunctive relief, restitution, corrective advertising and compensatory, statutory and punitive damages for the class.

In May, a consumer filed a class action lawsuit against PepsiCo and Gatorade in New York federal court, citing similar violations and allegations of false advertising.

Have you bought Gatorade because it claims to hydrate better than water? Let us know in the comments.

The plaintiff is represented by Aaron L. Schwartz, Laurence D. King, Matthew B. George, Blair E. Reed and Clarissa R. Olivares of Kaplan Fox & Kilsheimer LLP.

The Gatorade class action lawsuit is Walsh v. PepsiCo Inc., et al., Case No. 7:26-cv-05191, in the U.S. District Court for the Southern District of New York.

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