BodyArmor Sports Drink Hydrating Claims Only Puffery, Maker Says

BodyArmor sports drink maker BA Sports Nutrition LLC told a California federal court a deceptive marketing suit warrants dismissal because the plaintiffs failed to identify any false statement on its products and instead seek a new advertising restriction that would overturn decades of settled law.

Marc Silver and others allege BA Sports Nutrition deceptively marketed BodyArmor products as providing superior hydration for everyone, even though they are loaded with sugar and don’t offer better hydration than water or other drinks.

But the “superior hydration” phrase is puffery, a statement too vague to support a consumer deception claim, the company said ...