A federal court ruled that PepsiCo can be sued for promoting its Gatorade protein bars as healthy, even though they contain more sugar than protein and more sugar than regular candy bars.

In a ruling Wednesday, U.S. District Judge Casey Pitts in San Jose, California, said three self-proclaimed fitness enthusiasts leading a class action lawsuit had made a credible case that PepsiCo’s marketing and labeling were misleading.

Neither PepsiCo nor its lawyers immediately responded to requests for comment.

Not all protein bars have the same nutritional value.

Last September, PepsiCo was accused of violating federal and state consumer protection laws by creating a “health halo” around Gatorade bars, promising, among other things, that they would “help build muscle,” “be used by professionals,” and be “scientifically based.”

According to the lawsuit, the bars are actually “enriched junk food” with 29 grams of sugar, including 28 grams of added sugar – more than the American Heart Association’s recommended daily limit of 25 grams for women – and only 20 grams of protein.

The plaintiffs said excessive consumption of added sugar was linked to high rates of obesity, diabetes and cardiovascular disease.

They said they would not have bought Gatorade bars or would have paid less if they had known the bars’ nutritional value. They are seeking unspecified damages.

PepsiCo called the misleading claims “implausible” because the company had not marketed the bars, particularly the Chocolate Chip and Cookies and Cream flavors, as healthy or low in sugar.

However, Pitts said reasonable consumers may not be able to easily interpret the sugar content on labels and may be misled by PepsiCo’s “self-proclaimed, science-based claims.”

The judge also agreed that PepsiCo can make health and protein content claims in accordance with federal regulations.

For example, he said that the U.S. Food and Drug Administration (FDA) does not consider sugar to be a “disqualifying ingredient” when making health claims.

Maia Kats, a lawyer for the plaintiffs, said they welcomed the decision and would continue to pursue their claims.

PepsiCo is based in Purchase, New York. Its many brands also include Fritos, Lay’s, Mountain Dew and Ocean Spray.

The case is McCausland et al. v. PepsiCo Inc., U.S. District Court, Northern District of California, No. 23-04526.

—Jonathan Stamp, Reuters

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