PepsiCo Again Gets Gatorade Fit ‘Healthy’ False-Ad Suit Tossed

“Show,” don’t just “tell,” a federal judge directed a Gatorade Fit consumer whose proposed class suit against PepsiCo Inc. was again dismissed for failure to show reliance on the sports drink’s allegedly deceptive “healthy” claim.

David Gumner sued in the US District Court for the Central District of California, challenging the “Healthy Real Hydration” language on Gatorade Fit. PepsiCo’s label violated federal regulations governing the word “healthy,” giving rise to claims under California consumer protection law, he alleged.

But Gumner “has not alleged why he actually cared about this alleged mislabeling and how it affected him,” Judge Cormac J. Carney ...