Health claim lawsuits: what they say about "gut healthy" soda and supplements

Healthwashing is not a legal term. People use it to describe labels, ads and packaging that suggest a product is good for your health, for example by calling it "gut healthy" or by highlighting fruits, vegetables or other ingredients, when critics say the product does not deliver what the wording implies.

Companies use health language because a product that seems healthier can sell for a higher price. The lawsuits on this page say that is what happened: that buyers paid more for products because of health claims the plaintiffs say were overstated.

Official sources set expectations for this kind of marketing. According to the FTC's Health Products Compliance Guidance, advertisers who make health-related claims are expected to have competent and reliable scientific evidence to back them up, and claims should not be misleading. According to the FDA's dietary supplements page, the FDA does not approve dietary supplements for safety and effectiveness before they are sold.

The Balance of Nature supplements lawsuit says the company overstated the health benefits and ingredient quality of its supplements. The Poppi soda lawsuit says the company marketed its sodas as "gut healthy" even though, according to the plaintiffs, the drinks have too little fiber and too much sugar to offer the gut health benefits the marketing suggests.