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False Advertising Class Action Can Proceed Against Pepsico Over Gatorade Protein Bars Judge Says

PepsiCo Sued for False Advertising of Gatorade Protein Bars

Claims Proceed in Class Action Lawsuit

Misleading Marketing Alleged

San Jose, California - A federal judge has ruled that false advertising claims can proceed in a class action lawsuit against PepsiCo by consumers who allege that the company misled them about the health benefits of its Gatorade protein bars. The plaintiffs argue that the bars are marketed as healthy and good for you, but in reality, they contain more sugar than protein.

Judge's Ruling

In a ruling issued on August 14, 2024, U.S. District Judge Edward Davila in San Jose denied PepsiCo's motion to dismiss the lawsuit. Davila found that the plaintiffs had sufficiently alleged that PepsiCo engaged in false and misleading advertising by claiming that the Gatorade protein bars were a healthy snack option.

Plaintiffs' Allegations

The lawsuit, filed in 2023, alleges that PepsiCo falsely advertised the Gatorade protein bars as a "good source of protein" and "a healthy snack choice." However, the plaintiffs claim that the bars actually contain more sugar than protein, and that they are not a healthy snack option for consumers who are trying to lose weight or maintain a healthy diet.

PepsiCo's Response

PepsiCo has denied the allegations in the lawsuit and has said that it will vigorously defend itself against the claims. The company has argued that its marketing of the Gatorade protein bars is accurate and truthful, and that the bars are a healthy snack option for consumers.

Impact of the Ruling

The judge's ruling is a significant victory for the plaintiffs in the lawsuit. It means that the case can now proceed to the discovery phase, where the parties will exchange evidence and prepare for trial. If the plaintiffs are successful in proving their claims, PepsiCo could be liable for damages and other penalties.


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