In his ruling, U.S. District Judge Casey Pitts in San Jose, California, said the three consumer plaintiffs in the legal challenge against PepsiCo had plausibly alleged that the company's marketing and labeling was deceptive.

As a result, the judge said the lawsuit can move forward.

The ruling stems from a class-action lawsuit filed against PepsiCo in 2023 by three self-described fitness enthusiasts alleging the company "deceptively advertises that its Gatorade Protein Bars promote consumers' fitness, health, athleticism, and well-being when they in fact contain high levels of total and added sugars that render such claims misleading."

In their lawsuit, the consumers argued that a single serving of PepsiCo's Gatorade protein bar exceeds the daily, health-based limits for added sugars recommended by the American Heart Association (AHA) for women and youth. It also approaches the daily limit for men, they said.

The AHA recommends no more than 25 grams of added sugar per day for women and 36 grams for men.

According to the lawsuit, PepsiCo's Gatorade protein bars contain 29 grams of sugar, including 28 grams of added sugar and just 20 grams of protein.

"Plaintiffs would not have purchased, purchased as many of, or paid as much for Gatorade Protein Bars had the product been marketed transparently—that is, as an excessively high added sugar candy or junk food the consumption of which health authorities recommend eliminating and/or limiting because of associated health risks," the lawsuit stated.

The consumers, in their lawsuit, also highlighted health advice from the Centers for Disease Control and Prevention (CDC) noting that excessive consumption of added sugars correlates with obesity, diabetes, and other related medical conditions including cardiovascular disease and certain cancers.