Class Action Alleges Celsius Live Fit Drinks Are Misbranded, Lack FDA Approval

New to ClassAction.org? Read our Newswire Disclaimer

Celsius Holdings faces a proposed class action that claims the company’s Live Fit energy drinks are misbranded and unlawfully sold without approval from the U.S. Food and Drug Administration (FDA).

Want to stay in the loop on class actions that matter to you? Sign up for ClassAction.org’s free weekly newsletter here.

According to the 23-page lawsuit, Celsius has misled consumers by labeling the fitness drinks with deceptive claims that suggest they can “accelerate metabolism,” “burn body fat,” reduce hunger and promote weight loss. The suit alleges the products, in fact, do not deliver on these promises.

What’s more, the case contends that Celsius’ representations also purport that the energy drinks are meant to “affect the structure and function of the body” and “cure, mitigate, treat, or prevent disease,” which renders the products “drugs” within the meaning of the federal Food, Drug, and Cosmetic Act.

As such, the complaint argues Celsius Holdings has engaged in the illegal sale of an unapproved new drug, as the company has failed to obtain FDA approval before marketing and distributing the drinks.

“[Celsius Holdings’] failure to comply with these regulations puts consumers at risk and gives Celsius an unfair advantage over competitors that do commit the time and expense of complying with FDA statutes and regulations,” the filing says.

The plaintiff, a California resident, claims to have purchased the fitness drinks under the belief that they were safe and effective for their intended purpose. The woman asserts that she would not have bought the products had she known they were misbranded and sold in violation of state and federal law.

The lawsuit looks to represent anyone who purchased Celsius Live Fit energy drinks in the United States for personal or household use, and not for resale, at any time since November 24, 2022.

Get class action lawsuit news sent to your inbox – sign up for ClassAction.org’s free weekly newsletter here.