Yoggies, Olipop, and Bloom Lawsuits: Probiotic, Prebiotic, and Natural Claims

Nature's Garden Yoggies (New Cibo Vita)

Move v. New Cibo Vita, LLC, No. 25-cv-4148, was filed in May 2025 in the U.S. District Court for the District of New Jersey. It targets Nature's Garden Probiotic Strawberry Yoggies and Probiotic Mixed Berry Yoggies, freeze-dried yogurt-coated snacks. The complaint says the packages promise 2 billion probiotic cultures per serving and no artificial ingredients, when testing showed fewer probiotics than advertised and the products contain artificial ingredients. It also challenges the snacks' healthy image given their added sugar and saturated fat.

Olipop prebiotic soda

Somers v. Olipop, Inc., No. 1:25-cv-06933, was filed December 17, 2025 in the U.S. District Court for the Eastern District of New York under New York's General Business Law. It was voluntarily dismissed on April 8, 2026. The complaint says every Olipop flavor has only 6 to 9 grams of prebiotic fiber per can, which it argues is not enough for a meaningful digestive health benefit from a single drink. It describes the sodas as "basically sugared water."

Bloom Nutrition

On February 24, 2025, Environmental Health Advocates, Inc. filed a civil complaint in Alameda County Superior Court under California's Proposition 65, alleging that Bloom Nutrition failed to warn buyers about lead in its "Inbloom Essential Elements Daily Greens & Multivitamin" product. Its amended 60-day notice, AG No. 2025-00647, was filed with the California Attorney General on February 28, 2025. We did not find a certified or settled consumer class action against Bloom as of September 2026.

Each company denies wrongdoing or has not been found liable.

In the Yoggies case, the magistrate judge entered a discovery confidentiality order and an electronic discovery protocol on September 18, 2026, and moved a status conference to November 19, 2026. In the Olipop case, Olipop sought a pre-motion conference on a motion to dismiss in February 2026, and the plaintiff filed a notice of voluntary dismissal on April 8, 2026; the court closed the case the next day. No class was certified, so other buyers were not bound. Consumer cases like these usually turn on a motion to dismiss, where the court decides whether a reasonable shopper could be misled, and then on class certification.

The Poppi case shows how these can end. The Poppi prebiotic soda settlement created an $8.9 million fund, and its claim deadline was September 26, 2025.

Why do so many of these cases end early? Voluntary dismissals like the Olipop one are common in food labeling litigation. A plaintiff may drop a case after seeing the company's planned arguments, after a judge signals skepticism at a pre-motion conference, or after resolving the named plaintiff's own claim. In the Olipop case, Olipop asked in February 2026 for a pre-motion conference on a planned motion to dismiss, a pre-motion conference entry was docketed on April 6, 2026, and the plaintiff dismissed two days later. The docket does not say why. What matters for buyers is that no class claims were released.

The Yoggies case has gone further. It is in discovery, the stage where the company produces documents and the plaintiffs can test products and question witnesses. The court set the next Yoggies conference for November 19, 2026. Class certification, if it comes, would follow later.

• Yoggies buyers: people who bought the probiotic strawberry or mixed berry varieties. The final class period and states covered will be set by the court if a class is certified or a settlement is reached.
• Olipop buyers: with the Somers case dismissed, there is no pending Olipop class action we could verify. A new case would be needed for any recovery.
• Bloom buyers: Proposition 65 cases are brought by an enforcer on behalf of the public. Individual buyers do not receive refunds from them.

You probably do not qualify if you bought a different Nature's Garden product without the probiotic claim, or if you cannot show you bought the product at all. You do not need to sign up now; see how class actions include you automatically.

One more practical tip: grocery delivery apps and warehouse club accounts often keep item-level purchase histories for years, which makes it easier to document snack and soda purchases than most people expect. Screenshots of those histories are usually accepted as proof in food settlements, along with receipts and bank records that show the store and date.

No Yoggies or Olipop settlement exists. The closest comparison is Poppi. That settlement offered up to $0.75 per single can, $3 per four-pack, $6 per eight-pack, and $9 per 12- or 15-pack, with a $16 cap for claims without proof of purchase and a $5 minimum. Payments were subject to pro rata adjustment based on the number of claims. A future Olipop deal, if any, could look similar, but the amount depends on the evidence and negotiation.

Proposition 65 settlements typically require warning labels or reformulation and civil penalties split between the state and the enforcer. See why class payouts are often small.

To see how the Poppi formula plays out: a buyer with receipts for twenty 12-packs could claim up to $9 per pack, or $180, before any pro rata adjustment, while a buyer without receipts would be capped at $16. That gap, $180 versus $16 in this example, is why keeping receipts or digital order histories matters in food cases. Actual payments depend on how many valid claims are filed, and amounts are often reduced when many people claim.

These are false advertising cases. The core question is whether a label is likely to mislead a reasonable consumer. For probiotics, plaintiffs typically rely on lab tests showing fewer live cultures than the label promises. For prebiotics, they argue that the fiber dose is too low to deliver the implied benefit.

New York General Business Law sections 349 and 350 prohibit deceptive practices and false advertising and allow consumers to sue. California's Proposition 65 requires a clear warning before exposing people in California to listed chemicals such as lead, and enforcers must send a 60-day notice before filing suit. The FDA regulates food labels but does not approve them in advance, which is why so many labeling disputes are settled through private lawsuits. Related reading: electrolyte drink labeling suits and supplement mislabeling.

The Proposition 65 path is also worth understanding. A private enforcer like Environmental Health Advocates must first send a 60-day notice to the company and to California's Attorney General, and can file suit only if the Attorney General and local prosecutors do not act. Any settlement must be reported to the Attorney General. These cases typically end with warnings, reformulation, and penalties, which is why buyers of Bloom's greens powder should not expect a refund from that case.

These lawsuits all turn on numbers printed on the package, so it helps to know what those numbers mean and what they do not.

• Probiotic counts. A claim like "2 billion probiotic cultures" describes live microorganisms. The Yoggies case alleges testing found fewer than promised. Counts can depend on how a product is made and stored, and on when it is tested, which is why these cases usually rely on lab results from several samples.
• Strain names. Labels often name a specific probiotic strain. The Yoggies complaint also says the snacks contain artificial ingredients despite a "no artificial ingredients" claim.
• Prebiotic fiber grams. Prebiotics are fibers that feed gut bacteria. The Olipop complaint focused on the 6 to 9 grams per can and whether one can provides a meaningful benefit. It was dismissed before any court decided that question.
• Gut health language. Phrases like "gut healthy" or "supports digestion" are claims about benefits. The Poppi case challenged those claims directly and settled.

The Poppi settlement covered U.S. residents who bought Poppi sodas for household use from January 23, 2020 onward, and every flavor and package size qualified. That breadth is typical when a claim appears across a whole product line, and it is a useful model for what a Yoggies settlement might cover if one is ever reached.

None of this is medical advice. If you have digestive symptoms, a clinician is a better guide than a soda can. But if you bought these products because of the claims on the label, your receipts are worth keeping.

There is no claim deadline for the Yoggies case because it has not settled, and the Olipop case ended without a settlement. The statute of limitations for consumer fraud claims varies by state, and filing a class action generally pauses it for proposed class members while the case is pending. The Poppi settlement deadline of September 26, 2025 has passed.

No Yoggies, Olipop, or Bloom settlement exists as of September 2026, so there is nothing to file yet.

1. Save receipts and online order histories for these snacks and drinks.
2. Photograph labels that show probiotic counts or gut health claims.
3. Watch for an official settlement notice, and file only on the court-approved settlement website.
4. Do not pay anyone to join a class action.

If you think you have an individual claim, for example a reaction to a product, independent attorneys can look at it. A free case review takes about two minutes.

How the free case review works: you tell us which product you bought, roughly when, and what happened. It is free and carries no obligation. If your situation fits cases that independent attorneys are pursuing, one may reach out. Any future settlement would be claimed only on its official settlement website.