The Olipop lawsuit was a proposed class action filed in December 2025 by a New York consumer who claimed the company’s “prebiotic soda” marketing is misleading because each can contains too little prebiotic fiber to actually support digestive health. The case was voluntarily dismissed in April 2026 without prejudice, which means the claims could be refiled later by the same plaintiff or someone else.
What the Complaint Alleged
Plaintiff Jordan Somers filed the complaint on December 17, 2025, in the U.S. District Court for the Eastern District of New York, case number 1:25-cv-06933, on behalf of a proposed class of New York consumers.1PACER Monitor. Somers v. Olipop, Inc.2Top Class Actions. Olipop Lawsuit Claims Prebiotic Soda Is Sugared Water With No Real Digestive Benefits
The complaint zeroed in on how Olipop brands its drinks: “prebiotic soda,” a beverage that “supports digestive health,” and “a new kind of soda.” Somers argued those claims are deceptive because a can of Olipop contains only six to nine grams of prebiotic fiber, an amount the complaint said is not enough on its own to produce meaningful digestive benefits.2Top Class Actions. Olipop Lawsuit Claims Prebiotic Soda Is Sugared Water With No Real Digestive Benefits The complaint cited research indicating that prebiotics generally need to be consumed at 12 grams or more per day for at least a month before providing digestive relief, which would require a consumer to drink at least two cans daily.
Somers also argued that the sugar content, up to five grams per can, would cancel out any prebiotic benefit a person might get from drinking enough cans to hit a therapeutic dose. The complaint characterized the product as “basically sugared water” that could actually harm digestive health rather than support it.2Top Class Actions. Olipop Lawsuit Claims Prebiotic Soda Is Sugared Water With No Real Digestive Benefits
The Legal Claims
The suit alleged violations of New York General Business Law, specifically Section 349, which prohibits deceptive acts, and Section 350, which prohibits false advertising.2Top Class Actions. Olipop Lawsuit Claims Prebiotic Soda Is Sugared Water With No Real Digestive Benefits Both statutes are modeled on the Federal Trade Commission Act. To win under them, a plaintiff has to show that a significant portion of consumers, acting reasonably, could be misled by the challenged conduct.3Norton Rose Fulbright. Claims for Deceptive Trade Practices and False Advertising Somers sought a jury trial, declaratory and injunctive relief, and statutory damages.
How the Case Ended
The lawsuit did not last long. At a pre-motion conference on April 6, 2026, Somers indicated an intent to amend the complaint, and the court gave a May 6 deadline for an amended filing. Instead, on April 8, 2026, Somers filed a notice of voluntary dismissal without prejudice, and Judge Ramon E. Reyes, Jr. entered an order dismissing the case the next day.1PACER Monitor. Somers v. Olipop, Inc.
Dismissal “without prejudice” preserves the right to refile. Whether Somers or another plaintiff will bring a new case against Olipop is not established in available records. A potential motion to dismiss from Olipop became moot when the case was dropped.
The Science the Case Turned On
The central factual dispute, whether the fiber in a can of Olipop actually supports digestive health, sits in genuinely contested territory. A can contains about nine grams of dietary fiber, drawn mainly from chicory root inulin, Jerusalem artichoke inulin, and cassava root fiber through the company’s proprietary “OLISmart” blend.4Fortune. Coca-Cola Simply Pop, Olipop, Poppi Prebiotic Sodas Benefits
Experts disagree on the dose that matters. Dr. Hannah Holscher, a nutrition professor at the University of Illinois Urbana-Champaign, has said at least three grams of prebiotic fiber are needed before any benefits show up, while roughly 12 grams of inulin are needed to specifically relieve constipation.5University of Illinois FSHN. Are Prebiotic Sodas Good for Gut Health A University of Illinois trial found that 7.5 grams of agave inulin per day could help soften stool or increase bowel movement frequency, though participants also experienced bloating and gas at five to 7.5 grams daily.6NBC News. New Lawsuit Challenges Poppi Soda Gut-Healthy Claims
Researchers describe the overall evidence on prebiotics as “mixed.” Some studies link prebiotic consumption to a healthier gut lining, improved insulin sensitivity, and constipation relief; others find no meaningful effect.5University of Illinois FSHN. Are Prebiotic Sodas Good for Gut Health Dietitians generally recommend getting fiber from whole foods like fruits, vegetables, and legumes rather than extracted forms in beverages.7Axios. Prebiotic Soda Gut Health Inulin Risks No peer-reviewed clinical trial has tested the specific OLISmart combination used in Olipop products on digestive health outcomes.
Olipop’s Position
Olipop did not issue a formal public statement addressing the Somers lawsuit. The company has, however, been building its own research base for its health claims. In June 2025, Olipop published a company-funded study on the preprint server medRxiv examining its Vintage Cola product.8Food Dive. Olipop Doubles Down on Health Claims The randomized controlled trial, conducted by the contract research organization Biofortis, Inc. with several Olipop employees among the authors, found that the prebiotic soda produced a significantly lower blood sugar spike than traditional cola, both with and without a meal.9medRxiv. Prebiotic Soda Lowers Postprandial Glucose Compared to Traditional Soda Pop The study involved 30 participants and has not yet been peer-reviewed. Olipop has also pointed to FDA recognition of its fiber sources as approved functional fibers with established health effects.10FDA Docket. OLIPOP PBC Comment on Proposed Rule for Nutrient Content Claim “Healthy”
How This Compares to the Poppi Settlement
The Olipop suit followed a very similar case against Poppi, a competing prebiotic soda made by VNGR Beverage LLC. In Cobbs v. VNGR Beverage, LLC, consumers alleged that Poppi’s “gut-healthy” marketing was misleading because each can contained only two grams of prebiotic fiber, and that the sugar content would cancel out any potential benefit.11ClassAction.org. $8.9M Poppi Settlement Resolves Class Action Lawsuit Over Gut-Healthy Claims
Poppi agreed to an $8.9 million settlement fund, which received final court approval on April 14, 2026.12Claim Depot. Poppi Settlement Class members who purchased Poppi between January 2020 and July 2025 could claim up to $16 per household without proof of purchase, and more with receipts. Poppi denied the allegations and said consumers were not harmed.7Axios. Prebiotic Soda Gut Health Inulin Risks
The two cases made essentially the same argument, but the fiber numbers are different. Olipop contains about nine grams per can compared to Poppi’s two, and some commentators have noted that gap gives Olipop a stronger factual footing to defend its marketing.
Why This Legal Gray Area Exists
Both the Olipop and Poppi cases exposed a gap in how functional beverages are regulated. The FDA has not defined the term “prebiotic,” and it does not regulate phrases like “good for your gut” or “supports digestive health.”6NBC News. New Lawsuit Challenges Poppi Soda Gut-Healthy Claims Products like Olipop are classified as conventional foods rather than dietary supplements or drugs, so they avoid the stricter evidentiary standards that apply in those categories. FTC rules require “competent and reliable scientific evidence” to back health claims, but enforcement in this space has been limited. That gap is why the fight over what “supports digestive health” actually means has largely played out in consumer class actions rather than in front of regulators.