Why Poppi, the Prebiotic Soda Company, Is Getting Sued

Poppi, the wildly successful prebiotic soda company, is facing a new class-action lawsuit that argues the brand overpromises on its health claims. 

On May 29, Kristin Cobbs brought forth the suit, whose lawyers stated in the complaint that the soda lacks any meaningful gut health benefits. 

“[Poppi’s] success is largely owed to its ability to preserve the flavor and sweetness of traditional sodas while claiming to be ‘gut healthy’ due to its inclusion of ‘prebiotics’ — a specific type of dietary fiber commonly found in food like bananas and whole grains. However, Defendant’s 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. Accordingly, a consumer would need to drink more than four Poppi sodas in a day to realize any potential health benefits from its prebiotic fiber. However, even if a consumer were to do this, Poppi’s high sugar content would offset most, if not all, of these purported gut health benefits,” the complaint reads. 

The legal document adds that while its rise in popularity can partially be attributed to “enticing flavors” and “clever marketing,” its core success is due to a “particular ingredient: agave inulin, the Products’ so-called ‘Prebiotic.'”

The document also quotes Deborah Cohen, a registered dietitian nutritionist and associate professor in the Department of Clinical and Preventive Nutritional Sciences at Rutgers University, who told Yahoo, the products “are basically sugared water.”

Thus, Cobbs, aka the “Plaintiff,” says Poppi is violating California state consumer protection laws and gaining “unjust enrichment.”

But the suit doesn’t just claim that the brand is falsely advertising. It also alleges Poppi could be bad for your health. 

“In addition, consuming too much 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, while higher doses (40-50 grams per day) can lead to diarrhea,” citing a 2020 study published in the journal Nutrients. 

“These findings are supported by other studies that show additional negative health implications of consuming too much agave inulin. For instance, a recent study found that consuming agave inulin over a long time period can significantly alter the gut’s microenvironment, leading to immune system disruptions,” citing a 2023 study published in the journal Microbiome. 

But several other studies show the ingredient’s health promise — including a 2023 review, which concluded that while inulin ingestion may “cause gastrointestinal symptoms, allergies or even more serious adverse effects,” inulin and its metabolites “have key roles in lowering blood glucose, reducing bodyweight, and improving insulin resistance. The fermentation of inulin by intestinal microbiota can promote the proliferation of beneficial flora, regulate intestinal pH, and maintain the homeostasis of the intestinal ecological environment.” The researchers added that intake of inulin may serve as a “simple but effective way to improve intestinal and systemic immune function and prevent diseases, and sufficient intake of inulin fiber is recommended.”

Additionally, in previous interviews, nutritionists have noted that while, yes, Poppi and other prebiotic drinks like it are still a treat, they may be less harmful than their more sugar-filled counterparts. 

“In a can of prebiotic soda, there is on average two grams fiber and four to five grams added sugar, while in a can of normal soda, there can be, on average, 35 to 40 grams of added sugar,”  Amy Shapiro, a registered dietitian and the founder of Real Nutrition NYC, told Health in 2023. 

Maya Feller, a registered dietitian and nutritionist, additionally told Good Morning America, “I wouldn’t say there’s anything negative about it … [it’s] a good alternative to sugar-sweetened beverages, [but] don’t think you’re doing yourself this health favor — because many scientists don’t actually agree with these health claims.” Feller added that consumers should “do your homework” when consuming these products too. “When you’re having a prebiotic soda, you are not actually adding any extreme nutrients to your overall day. If you want to have it, go for it.”

Poppi shot to fame after the founders, Allison and Stephen Ellsworth, appeared on Shark Tank 2018. There, they received an investment offer of $400,000 from investor Rohan Oza for a 25% stake in the company. Since then, it’s become a popular drink among celebrities, including influencer Alix Earle, who just a few days ago announced she had become an investor in the brand. 

In response to the lawsuit, a spokesperson for Poppi Food & Wine, “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.”