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PepsiCo was hit with a consumer class action at the California Central District Court for putting the phrases 'healthy real hydration,' 'no added sugar' and 'excellent source of vitamins A & C' in the packaging of its Gatorade Fit drinks.
The suit, brought by Fitzgerald Joseph, alleges that phrases on the packaging are 'nutrient content claims', which is prohibited by FDA regulations.
A counsel has not yet appeared for PepsiCo.
PepsiCo introduced Gatorade Fit, an electrolyte drink in February last year.
According to Carolyn Braff, head of the brand strategy for Gatorade, Gatorade Fit’s ingredient profile clears the way to include the words “Healthy Real Hydration” prominently on the front label.
The FDA regulates the use of the word “healthy” on food labels.
