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Poppi lawsuit turns attention, scrutiny, to the prebiotic beverage industry

Poppi lawsuit turns attention, scrutiny, to the prebiotic beverage industry
Poppi lawsuit turns attention, scrutiny, to the prebiotic beverage industry


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Poppi is currently facing  a class action lawsuit for  promising gut claims. The company advertises their drinks as “gut healthy”  — a slogan they’ve since removed from their site.

Top Class Actions reports that the plaintiff claims Poppi drinks are falsely advertised as good for consumers’ gut health, when really they contain minimal prebiotics and too much sugar. Poppi did not respond to Food Dive’s request for comment in time for publication, but in earlier coverage, a spokesperson said the company “stands behind our products and that it believes the lawsuit is baseless, and we will vigorously defend against these allegations.”

The popular soft drink’s sales passed the $100 million mark thanks, in part, to distribution at more than 120 retailers, and its success reflects a rising interest among consumers who want to integrate holistic health into their diets through food and beverage. 

The functional beverage market is valued at over $13 billion, data provider SPINS shared with Food Dive, while kombucha and wellness shot markets are each valued at roughly 1.3 billion. But the recent lawsuit has consumers and companies asking what exactly makes a product “gut healthy” and when is it appropriate to label a product with such buzz words? Turns out, it’s complicated.

Defining “gut-healthy”

The U.S. Food and Drug Administration (FDA) requires clear labeling, and avoiding misleading claims for supplement-based products.

Dr. Kelly Swanson, Director of the Division of Nutritional Sciences at the University of Illinois, authored a trial that found 7.5 grams of agave inulin, a popular ingredient in these types of sodas and waters, might soften stools or increase the number of bowel movements a person has each week. 

Yet, many of these drinks, including Poppi, have less than that, clocking in at around 2 grams. This study and others are becoming important standards in this trial, and the regulation of prebiotic drinks at large. But, like with many health-related concerns, Swanson told Food Dive that it’s not one-size-fits-all solution.

It depends on the prebiotic in question and the person consuming the food/beverage — their age, body weight, health status, diet, gut microbiota populations, etc. — but most people would require at least 5 grams a day to notice a response. Because the effects/responses will gradually occur with increasing dosages, I am not sure what dose is needed in a product in order to make the regulatory claim [such as] ‘support gut health.’”   

Building consumer trust

Brands hoping to succeed in the prebiotic beverage market should follow guidelines to establish credibility with consumers, according to Ben Goodwin, co-founder, CEO and formulator of OLIPOP. 

“OLIPOP was founded on a commitment to setting a high standard in functional soda. Each 12 oz can meets the FDA’s requirements for an excellent source of fiber, and contains three sources of fiber: cassava root, Jerusalem artichoke and chicory root.” 

Goodwin added that the company has completed third-party in-vitro research at Purdue University which indicates that their prebiotic fiber blend benefits multiple gut health-related measures. 

“We are also the first beverage company to earn the NutraStrong Prebiotic-Verified Product Certification, which independently validates the quantity and potency of prebiotics, as well as prebiotic efficacy and stability data.”

Dr. Jenelle Kim, board-certified in Herbology, Oriental Medicine, and Acupuncture from San Diego recommended in an interview with Food Dive that brands prioritize transparency in labeling, using ingredients backed by scientific research, engaging in third-party testing, providing consumers with comprehensive information and adhering to regulations.  

Monetizing “healthy” sodas, carefully

“Consumers are savvier than ever and are looking for convenience, so an on-the-go beverage that tastes good and is healthy in a category they understand — soda — makes sense. It meets the consumer where they are,” said Richard Laver, CEO and founder of Lucky Beverage and Kate Farms in Santa Barbara, Calif. 

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