PepsiCo faces lawsuit over misleading marketing of Gatorade Bars

PepsiCo is facing a legal challenge over its marketing of Gatorade protein bars, which are promoted as healthful but contain more sugar than protein and even more than many candy bars. A federal judge has ruled that the lawsuit can proceed, allowing plaintiffs to argue that the company’s marketing was deceptive.

On Wednesday, US District Judge Casey Pitts in San Jose, California, allowed the proposed class action, led by three self-described fitness enthusiasts, to move forward. The plaintiffs accuse PepsiCo of misleading consumers with its marketing and labelling of the Gatorade bars, claiming that the company created a “health halo” around the product.

The plaintiffs assert that PepsiCo’s promotion of the bars as a product that “helps muscles rebuild,” is “used by the pros,” and is “backed by science” misleads consumers into believing the bars are healthier than they actually are. According to the lawsuit, the bars contain 29 grams of sugar, including 28 grams of added sugar—surpassing the American Heart Association's daily recommendation of 25 grams for women—and only 20 grams of protein.

The plaintiffs argue that consuming too much added sugar is associated with health risks such as obesity, diabetes, and heart disease. They claim that they would not have bought the Gatorade bars, or would have paid less for them, had they known their true nutritional content. They are seeking unspecified damages in the lawsuit.

PepsiCo has defended itself by arguing that the allegations are “implausible,” stating that the company did not advertise the bars as being low in sugar or particularly healthy, especially in flavours like Chocolate Chip and Cookies and Cream.

However, Judge Pitts noted that consumers might reasonably struggle to understand the sugar content listed on the labels and could be misled by PepsiCo’s claims of scientific backing. He also pointed out that while PepsiCo can make health and protein-related claims under federal regulations, the US Food and Drug Administration does not consider sugar a “disqualifying ingredient” for such health claims.