BodyArmor Sports Drink Suit Withstands Dismissal on Second Try

Consumers alleging BA Sports Nutrition LLC misled them about the healthfulness of BodyArmor sports drinks stated viable deception claims on their second attempt, a California federal court said.

Earlier this year, the court said statements that BodyArmor provides “Superior Hydration” and “More Natural Better Hydration” are too vague to support consumer deception claims, and dismissed the plaintiffs’ initial complaint.

But the plaintiffs’ amended filing plausibly states a claim that reasonable consumers were misled into believing that the drinks benefited their health and well-being, Judge Susan Illston of the U.S. District Court for the Northern District of California said Sept 5. ...