Poppi class action settlement to resolve ‘gut healthy’ soda claims

Poppi class action settlement overview:

• Who: A group of consumers asked a federal judge to approve an $8.9 million settlement in a case against VNGR Beverage LLC. 
• Why: The proposed settlement would resolve claims the company falsely advertised its Poppi sodas.
• Where: The Poppi class action lawsuit was filed in California federal court.
• How to participate: Details on how to file a claim for the Poppi settlement will be available if the settlement is approved. Join our free newsletter to receive claim filing instructions if/when they become available. 

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

Lead plaintiffs Kristin Cobbs, Sarah Coleman and Megan Wheeler filed a motion for preliminary approval of the proposed settlement on March 14 in California federal court.

If approved, the settlement would benefit consumers who purchased Poppi beverage products between Jan. 23, 2020, and the settlement notice date.

Cobbs filed the first Poppi class action lawsuit in May 2024, claiming the company’s gut health claims were false and misleading because the sodas did not contain enough prebiotics to provide any meaningful health benefits. Coleman filed a similar complaint in June, and Wheeler followed with a complaint in July.

The three cases were consolidated, and Poppi filed a motion to dismiss in September.

Poppi settlement provides ‘meaningful and quick relief,’ plaintiffs say

The plaintiffs say the “exceptional” Poppi settlement will provide “meaningful and quick relief” to class members without the continued risk and cost of continuing litigation.

Poppi denies any wrongdoing, arguing plaintiffs and class members did not suffer any harm or damages.

“Defendant would no doubt present a vigorous defense at trial, and there is no assurance that the class would prevail — or even if they did, that they would be able to obtain an award of damages significantly more than achieved here absent such risks,” the motion states.

Under the terms of the proposed Poppi settlement, class members can receive $0.75 per single can of the products purchased, $3 per four-pack of products, $6 per eight-pack and $9 per 12- or 15-pack.

The minimum class payment for an approved claim will be $5 per household, even if the class member bought fewer products.

Class counsel at Bursor & Fisher P.A. and Gutride Safier LLP intend to ask for up to 30% of the settlement fund, or about $2.7 million, in attorney fees, plus about $30,000 in out-of-pocket litigation expenses.

The remaining settlement funds will be distributed to Feeding America, which provides free meals and nutrition education, as the cy pres recipient, according to the motion.

The settlement came just before PepsiCo Inc. announced it agreed to pay $1.65 billion to acquire Poppi.

What do you think about the terms of this Poppi settlement? Tell us your thoughts in the comments and sign up to receive updates on claim filing instructions.

The plaintiffs are represented by L. Timothy Fisher and Joshua B. Glatt of Bursor & Fisher P.A. and Seth A. Safier, Marie A. McCrary and Anthony J. Patek of Gutride Safier LLP. 

Cobbs is additionally represented by Adrian Gucovschi and Benjamin Rozenshteyn of Gucovschi Rozenshteyn PLLC. Wheeler is additionally represented by Laurence D. King, Matthew B. George, Blair E. Reed and Clarissa R. Olivares of Kaplan Fox & Kilsheimer LLP.

The Poppi class action lawsuit is In re: VNGR Beverage LLC Litigation, Case No. 4:24-cv-03229, in the United States District Court for the Northern District of California.

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