Olipop lawsuit claims prebiotic soda is ‘sugared water’ with no real digestive benefits

Olipop class action lawsuit overview:

• Who: Plaintiff Jordan Somers filed a class action lawsuit against Olipop Inc.
• Why: Somers claims Olipop’s prebiotic soda products do not contain enough fiber to provide meaningful digestive health benefits as advertised.
• Where: The Olipop class action lawsuit was filed in federal court in the Eastern District of New York.

Olipop is accused of falsely advertising its prebiotic soda products as supporting digestive health, according to a new class action lawsuit.

Plaintiff Jordan Somers’ class action lawsuit claims Olipop’s prebiotic soda products do not contain enough fiber to provide any meaningful digestive health benefits.

Somers argues Olipop’s prebiotic sodas contain only 6 to 9 grams of prebiotic fiber per can, while studies cited in the complaint allegedly show that prebiotics begin to benefit consumers only when they ingest 12 grams or more daily for at least one month. 

“Thus, in order to reap the benefits of prebiotics, consumers would have to drink at least two of the products every day for a month,” the Olipop class action lawsuit says.

Olipop’s prebiotic soda products contain up to 5 grams of sugar per can, which means consumers would ingest an additional 10 grams of sugar per day if they drank two cans daily, according to the class action lawsuit.

Somers argues that the additional sugar intake would negate any potential benefits from the prebiotics, further alleging that, according to a nutritionist quoted in the complaint, the soda is “basically sugared water,” which the lawsuit claims may harm digestive health.

Olipop prebiotic soda class action claims company violated New York law

Somers wants to represent a class of New York consumers who purchased Olipop’s prebiotic soda products for personal, family or household consumption and not for resale.

The Olipop class action lawsuit claims the company violated New York General Business Law, which prohibits deceptive acts and false advertising.

Somers demands a jury trial and requests declaratory and injunctive relief as well as statutory damages, subject to court approval, for himself and all class members.

Meanwhile, VNGR Beverage LLC recently agreed to pay $8.9 million to resolve claims that it falsely advertised its Poppi sodas as containing prebiotics for a healthy gut.

Have you purchased Olipop’s prebiotic soda products? Let us know in the comments.

The plaintiff is represented by Joshua D. Arisohn of Arisohn LLC.

The Olipop prebiotic soda class action lawsuit is Somers v. Olipop Inc., Case No. 1:25-cv-06933, in the U.S. District Court for the Eastern District of New York.

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