Consumers Argue Sports Drink is Soda Equivalent

Four consumers have filed a putative class action alleging that BA Sports Nutrition’s BodyArmor SuperDrink sports drinks are “unlawfully fortified junk food.” Silver v. BA Sports Nutrition LLC, No. 20-0633 (N.D. Cal., filed January 28, 2020). “BodyArmor does not provide ‘superior’ or ‘better’ hydration to Plaintiffs and other consumers than other beverages, nor are the Plaintiffs or the general public hydration deficient and/or in need of its characteristics to replenish them from dehydration,” the complaint asserts. The plaintiffs argue that BodyArmor is a sugar-sweetened beverage “that scientifically links to serious medical conditions, including obesity, type 2 diabetes, and cardiovascular disease, when regularly consumed.” They allege that they “would not have purchased BodyArmor, purchased as much of it, or paid as much for it, had they understood that consumption does not provide them with a drink comprised of natural ingredients and/or that was more, natural, better for them than other drinks.” Alleging violations of New York, California and Pennsylvania consumer-protection statutes, the plaintiffs seek class certification, injunctive relief, damages and attorney’s fees.