A new lawsuit alleges that a popular soda brand does not live up to its promise of being “gut healthy.”
Poppi soda cans have at times carried the slogans, “Be Gut Happy. Be Gut Healthy” and “For a Healthy Gut” — references to the 2 grams of prebiotic fiber in each can.
The sodas contain a fiber called inulin, which is found naturally in a variety of fruits, vegetables and plants; the inulin in the drinks is derived from agave. This and other so-called prebiotics feed good bacteria in the digestive system.
Growing research has demonstrated that a healthy balance of bacteria in the gut may help with constipation, weight control and blood sugar, fueling demand for products that purport to support gut health. Poppi saw sales increase to $100 million by the end of last year, according to a report in Inc. Magazine. It’s currently the top seller in the “soda soft drinks” category on Amazon.
But the new lawsuit filed by a former customer alleges that a can of Poppi soda doesn’t contain enough inulin to benefit gut health and that the company violated California law by putting out false and misleading advertising. The lawsuit seeks financial compensation for the lead plaintiff, Kristin Cobbs, and other Poppi customers, whose claims amount to more than $5 million, according to the suit.
The suit adds to emerging skepticism about sodas that claim to be good for the gut. Poppi isn’t the only one: Olipop similarly says its proprietary blend of ingredients — which includes prebiotics — aids digestive health. And another competitor, Culture Pop, says it supports gastrointestinal health and helps reduce gas and bloating. Culture Pop contains a probiotic — a type of good bacteria — rather than a prebiotic.
“I don’t think we should be looking to soda or to processed foods to support our gut health,” said Caitlin Dow, a senior nutrition scientist at the Center for Science in the Public Interest, an independent advocacy organization.
“Eating a diet rich in all of these other naturally occurring fibers — beans, vegetables, fruits, oats — that’s where you’re really going to get foundational support for your gut health,” she added. “It’s not from a flashy soda.”
Poppi said in a statement that it stands behind its products.
“We believe the lawsuit is baseless, and we will vigorously defend against these allegations,” it said.
Poppi cans currently for sale on Amazon and in some stores no longer feature slogans about gut health, as earlier versions of the product did — a change that appears recent. Cans shown on the Poppi website last month advertised gut health benefits, according to internet archives reviewed by NBC News.
Poppi declined to answer questions about that change, citing the ongoing litigation.
The two law firms representing Cobbs said they were not commenting on the case, and Cobbs, the lead plaintiff, did not respond to multiple inquiries.
Dow said the food industry has exploded with products that contain inulin — likely because it tastes sweet, which means companies don’t have to add much sugar.
From a nutrition standpoint, sodas like Poppi and Olipop are “better than a regular soda,” she said. “Are they good for your gut? I doubt it.”
Two other nutrition scientists said that a single Poppi soda likely doesn’t contain enough inulin to be considered “gut healthy.”
“Everyone would probably agree that one can is not going to do it,” said Kelly Swanson, director of the Division of Nutritional Sciences at the University of Illinois Urbana-Champaign. Some of Swanson’s research is cited in the new lawsuit.
Poppi did not comment on the outlook of the nutrition scientists.
Scientific evidence suggests that at least 5 grams of prebiotics per day are needed to start seeing gut health benefits in adults. A trial conducted by Swanson and his University of Illinois colleagues found that 7.5 grams of agave inulin per day could help soften stool or increase a person’s number of weekly bowel movements.
John Gieng, an associate professor of nutritional sciences at San José State University, said that generally speaking, “if prebiotic sodas are the sole source of prebiotics in one’s diet, it is unlikely to confer significant health benefits alone.”
The FDA regulates and even approves certain types of health claims on food products in some circumstances.
But an agency official said “the FDA has neither any regulations for claims about ‘gut healthy’ or ‘prebiotics’ nor any guidance on how such claims should be evaluated.”
“We would evaluate or review such claims on a case-by-case basis,” the official said. “Furthermore, it is the firm’s responsibility to ensure that their labels and labeling are truthful and not misleading.”
The FDA declined to address the lawsuit’s claims, saying it does not comment on ongoing litigation.
The lawsuit points to potential side effects of overconsuming inulin as a further challenge to Poppi’s health claims. Swanson’s trial found that ingesting 5 to 7.5 grams of inulin per day produced bloating, flatulence and rumbling in the stomach.
The suit also argues that consuming enough cans of Poppi to see a gut health benefit could cause people to consume too much sugar. A single can of Poppi contains roughly 5 grams of sugar. The Food and Drug Administration recommends no more than 50 grams per day.
Dow questioned that particular line of reasoning, however, because four cans of Poppi combined have roughly half as much sugar as one can of Coke or Pepsi.
“I would not characterize Poppi as high in sugar,” she said.
Joanne Slavin, a professor of food science and nutrition at the University of Minnesota Twin Cities, said that adding inulin to a diet could help people reach their recommended fiber intake. People in the U.S. generally consume around 15 grams of fiber per day, whereas the FDA suggests 28 grams, she said.
“Any additional dietary fiber in the diet helps to bridge the fiber gap,” Slavin said.
But Dow said she isn’t convinced.
“I think of inulin a bit more as a marketing ploy than an actual benefit for gut health,” she said.
“I’ve always thought that Poppi’s gut health claims have been a little bit suspect,” Dow added. “But just to be clear, it’s not just Poppi — really any soda or processed food that throws in some inulin and markets itself as gut healthy is suspect in my eyes.”
