Jordan Somers has taken legal action against a popular beverage company, alleging that its marketing claims about the health benefits of its prebiotic sodas are misleading. The complaint was filed in the United States District Court for the Eastern District of New York on December 17, 2025, targeting Olipop, Inc. Somers argues that Olipop's assertions regarding their product's ability to support digestive health are deceptive and do not deliver the promised benefits.
The lawsuit contends that while Olipop promotes its sodas as containing beneficial prebiotics that support digestive health, the actual amount of prebiotic fiber present in each can is insufficient to provide any real health benefits. According to Somers, consumers would need to consume at least two cans daily for a month to see any positive effects from the prebiotics. However, this would also mean ingesting an additional 10 grams of sugar per day, which could negate any potential health benefits and potentially harm digestive health instead. "These products are basically sugared water," a nutritionist quoted in the case remarked, underscoring the plaintiff's argument.
Somers has purchased Olipop products multiple times and relied on their labeling claims when making his purchases. He asserts that had he known these claims were misleading, he either would not have bought them or would have paid less. The lawsuit highlights violations of New York General Business Law §§ 349 and 350 concerning deceptive acts and false advertising. It seeks class-action status for all similarly affected consumers who purchased Olipop products under these pretenses.
The complaint calls for several forms of relief from the court: certification of the class action, statutory damages determined by court or jury, prejudgment interest on awarded amounts, an injunction against Olipop’s current marketing practices with a corrective advertising campaign mandate, and coverage of attorney fees and litigation costs. The case emphasizes how widespread deceptive marketing practices can mislead consumers into believing they are purchasing healthier options than they actually are.
Representing Jordan Somers is attorney Joshua D. Arisohn from Arisohn LLC based in Litchfield, Connecticut. The case ID is 1:25-cv-06933 with proceedings overseen by judges within the Eastern District of New York.
Source: 125cv06933_Somers_v_Olipop_Inc_Complaint_Eastern_District_New_York.pdf