BodyArmor Superdrink “Superior Hydration” and Other Claims Class Action

BA Sports Nutrition, LLC has the third-largest sales of sports drinks in the US, behind only PepsiCo’s Gatorade and Coca-Cola’s Powerade. The complaint for this class action alleges that BA has advertised and marketed its BodyArmor Superdrink in ways that are false and misleading, violating consumer protection laws in California, New York, and Pennsylvania.

The Nationwide Class for this action is all persons living in the US who bought one or more BodyArmor sports drinks during the applicable statute of limitations. California, New York, and Pennsylvania Subclasses have also been proposed for those living in those states.

The BodyArmor Superdrink’s label claims that it provides ‘superior hydration’ among sports drinks, the complaint claims, and also implies that the drink contains healthful fruits. The complaint calls these representations “misleading, if not strictly false.”

PepsiCo’s Gatorade Sports Science Institute studies hydration. The complaint alleges, “BA’s BodyArmor formula is based on this research.”

But the Better Business Bureau’s National Advertising Division (NAD) cautions, “Hydration is not a subjective characteristic…” In fact, BA claims its “formula and the inclusion of ingredients like coconut water and potassium is premised on their scientifically validated roles in aiding rehydration. It would be reasonable for consumers to believe the claim ‘better hydration’ to be an objective claim…”

The “superior hydration” claims appear on the Superdrink’s front and back labels. Accordin to the complaint, BA appears to tie its purported superior hydration abilities “to the drink’s unique combination of ingredients, including potassium rich in electrolytes and antioxidants, in addition to its mix of vitamins and nutrients.” These are listed prominently on a side panel.

Further representations suggest that other sports drinks are inferior and old-fashioned, telling consumers to “ditch your outdated sports drink” or “Upgrade Your Sports Drink[.]”

However, the complaint alleges that the Superdrink “does not provide superior hydration, and attendant effects, as marketed…” It also claims that it does not live up to implied claims that it is good for people.

First, BA’s Superdrink contains a substantial quantity of sugar, which the complaint alleges “links [it] to obesity-related diseases, including type 2 diabetes and cardiovascular disease…” One sixteen-ounce bottle contains 36 grams or roughly nine teaspoons of sugar. This is the adult male limit for added sugar per day, well above the adult female limit, and more than double the limit for children ages two to eighteen.

While the drink has been fortified with a number of vitamins, the complaint alleges, “Fortifying junk food runs afoul of Food & Drug Administration (FDA) policy. The FDA expressly opposes fortification of sugar food precisely because the practice can ‘mislead’ the public to consumer unhealthy foods believing, given the labeling claims, that they are healthful.”

Also, the drinks are named according to fruit or fruit combinations, such as “Grape,” “Watermelon Strawberry,” and “Fruit Punch.” But the complaint alleges that the drinks do not “contain a characterizing amount—if any—of named and/or pictured fruits.”

Article Type: Lawsuit
Topic: Consumer
Tags: Deceptive Advertising, Deceptive Labels, Item Does Not Do What It Is Advertised to Do, Representations Imply Product Is Healthy