In re VNGR Beverage, LLC Litigation
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 Case No. 24-cv-03229-HSG
ORDER GRANTING PRELIMINARY In re VNGR BEVERAGE, LLC APPROVAL
LITIGATION
Re: Dkt. No. 55 10
12 Before the Court is Plaintiffs’ unopposed motion for preliminary approval of class action settlement. See Dkt. No. 55. The Court held a hearing on the motion, Dkt. No. 59, and now GRANTS it. I. BACKGROUND A. Factual Allegations This is a putative class brought on behalf of purchasers of Poppi Prebiotic Soda (“Poppi”). See Dkt. No. 54 (“TAC”) ¶ 1. Plaintiffs allege that Defendant VNGR Beverage, LLC markets Poppi as “gut healthy” due to its inclusion of prebiotic dietary fiber, but that this representation is misleading, as Poppi actually harms gut health. Id. ¶ 5. Plaintiffs allege that Poppi is harmful due to its low fiber content, high sugar content, and use of agave inulin, a type of prebiotic fiber that, according to Plaintiffs, is less effective for promoting gut health and has…