Poppi 'Prebiotic Soda' Sued on Claims of Consumer Fraud, ‘False and Misleading Advertising’

A class action consumer fraud lawsuit alleges the company’s claims that it’s good for your gut health aren’t true

Celeb-loved sparkling beverage brand Poppi — which counts Kylie Jenner, Olivia Munn, and Post Malone among its fans — is facing a lawsuit that alleges they “committed acts of false and misleading advertising,” because the soft drink does "not provide meaningful prebiotic effects," among other claims.

Poppi bills itself as a “better for you” soda alternative, containing 5g sugar, apple cider vinegar, and has 25 calories or less. The soda can says "prebiotic," and much of its marketing centers around the inclusion of prebiotics that are purported to promote gut health.

However, a class-action consumer fraud lawsuit filed in a California court Friday by plaintiff Kristin Cobbs claims “Poppi soda only contains two grams of prebiotic fiber, an amount too low to cause meaningful gut health benefits for the consumer from just one can.”

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The suit continues that “a consumer would need to drink more than four Poppi sodas in a day to realize any potential health benefits from its prebiotic fiber.”

The high sugar content of four sodas a day, the lawsuit alleges, “would offset most, if not all, of these purported gut health benefits.”

A spokesperson for Poppi tells PEOPLE, "We are proud of the poppi brand and stand behind our products. We are on a mission to revolutionize soda for the next generation of soda drinkers, and we have diligently innovated to provide a tasting experience that millions of people have come to enjoy. We believe the lawsuit is baseless, and we will vigorously defend against these allegations."

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As the Cleveland Clinic explains, prebiotics “function as a food source for your gut’s microorganisms” and provide myriad benefits, like helping to regulate bowel movements, “produce neurotransmitters that go back and forth between your gut and your brain to trigger mood changes and other processes,” promote immune health, and more.

“The number of benefits prebiotics may have is complex,” digestive disease researcher and registered dietitian Dr. Gail Cresci, PhD, told the Cleveland Clinic. “So much is always continually being discovered.”

The lawsuit alleges that the specific type of prebiotic used in Poppi, the dietary fiber agave inulin, “can lead to adverse health results. Studies show that taking as little as 2.5 grams of prebiotic supplements, including agave inulin, can lead to a build-up of gas, causing abdominal discomfort.”

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The lawsuit cites another study that it says “found that an inulin based diet can lead to inflammation and even liver damage at doses as small as 10 to 30 grams per day over a 3-week period.”

Poppi is the best-selling soft drink on Amazon, Inc. reported, which added that their annual revenue may have topped $100 million.

A 12-pack of soda, purchased on Poppi’s website, is nearly $30.

And as the lawsuit says, “Ms. Cobbs paid a substantial price premium due to Defendant’s false and misleading claims regarding the Products’ purported health benefits. Ms. Cobbs, however, did not receive the benefit of her bargains because the Products did not, in fact, contain enough ‘prebiotics’ to achieve any meaningful ‘gut health.’ Likewise, Ms. Cobbs was unaware that excessive consumption of the Products could negatively impact her health.” 

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