"GoodBelly" and "GoodHealth" plus label plausibly communicate net digestive health benefits

Andrade-Heymsfield v. Nextfoods, Inc., No. 3:21-cv-1446-BTM-MSB, 2023 WL 2576770 (S.D. Cal. Mar. 20, 2023)

Plaintiff brought the usual California claims against a line of fruit juices — GoodBelly Probiotic JuiceDrinks — “that expressly or implicitly convey the message that the JuiceDrinks are healthy” with these package statements:

(1) START YOUR GOODHEALTH GAME PLAN ... Drink one 8 oz. glass of delicious GoodBelly a day for 12 days;

(2) Reboot your belly, then make GoodBelly your daily drink to keep your GoodHealth going. Because when your belly smiles the rest of you does too;

(3) WE DIG SCIENCE. LP299V is naturally occurring in the human gut. It has been studied more than 2 decades and has numerous research trials to show that it may help promote healthy digestion and overall wellness; and

(4) GoodBelly Probiotics is a delicious blend of fruit juices and a daily dose of probiotic cultures created to naturally renew your digestive health, right where your overall health gets started – in your belly.

Plaintiff alleged that, in fact, JuiceDrinks are unhealthy for digestive health because they contain “excessive amounts of free sugar.” The complaint pled facts indicating that juice consumption leads to numerous negative health consequences.

Plaintiff has plausibly alleged that a reasonable consumer would read JuiceDrinks’ label as claiming to promote digestive health. The product itself is called “GoodBelly,” which can be read by the reasonable consumer as a claim that the product is good for digestive health. The label, moreover, can be read by the reasonable consumer as claiming that the product is good for “rebooting” digestive health and making the belly “smile,” i.e., as improving digestive health. The label uses the conjunction “GoodHealth” in such a way that the reasonable consumer would likely view the label as claiming to promote good health.

Although the label could be read as claiming only that probiotics are good, “Defendant is selling a juice beverage, and the label may be read by the reasonable consumer as promoting the health benefits of the beverage, not merely one ingredient in it.” Thus, it was plausible that consumers would read “GoodBelly” and “GoodHealth” as claims that the drinks are good for digestive and overall health.

Disclosing the sugar content in the nutrition label was not sufficient. That wouldn’t suffice to cure the message of good digestive and overall health as a matter of law.

Although statements (1) and (2) alone would be puffery, “when read together and in context, the Court cannot determine that the reasonable consumer would not rely on the label as promoting good digestive and overall health.”