By Steve Levine
Published: May 29, 2026
Allegations Only · No Settlement Yet
This page covers a newly filed class action complaint. The allegations described below have not been proven in court. PepsiCo has not been found liable and denies wrongdoing. There is no settlement, no settlement fund, and no claim form. No money is available now, and there is no guarantee that consumers will ever receive a payout from this case.
Status
Complaint Filed
filed May 14, 2026 in Santa Clara County Superior Court · allegations only · no settlement
Court
Santa Clara County Superior Court
California (civil law and equity court)
What's Alleged
Misleading No Artificial Flavors Claim
lawsuit claims Gatorade uses citric acid while claiming no artificial flavors
Claim Form?
No — Nothing to File Yet
complaint stage only; no settlement and no payout available
What Is the Gatorade Artificial Flavors Lawsuit About?
A new proposed class action lawsuit has been filed against PepsiCo over Gatorade products, with the plaintiff alleging that consumers are misled by labeling and marketing claims about artificial flavors. The case, filed on May 14, 2026, in Santa Clara County Superior Court in California, is captioned Alex Kononenko v. PepsiCo, Inc., et al., Case No. 26CV493594.According to court documents, the lawsuit is classified as a Business Tort and Unfair Business Practice matter, which is a standard case type for consumer protection, unfair competition, and false advertising claims. The case remains active and is still in its very early stages.
At the heart of the lawsuit is a familiar and increasingly litigated issue in modern food labeling: what ordinary shoppers understand when they see claims like "no artificial flavors" on a product package. According to the lawsuit, some Gatorade drinks and powders are marketed in a way that suggests they do not contain artificial flavoring ingredients, while the products allegedly contain citric acid that the plaintiff characterizes as artificial or manufactured.
The lawsuit raises a critical distinction: the difference between a front-label marketing claim and an ingredient disclosure on the back of the package. While citric acid appears on ingredient labels (and is generally recognized as safe by the FDA), the complaint's focus is whether the front-label "no artificial flavors" claim creates a misleading overall impression for consumers. If shoppers see "no artificial flavors" on the front and form the belief that the product is free from artificial ingredients, but later learn that it contains citric acid (an ingredient some claim is manufactured rather than naturally derived), they may feel deceived — even though the ingredient was disclosed in fine print.
Who Is PepsiCo and What Is Gatorade?
PepsiCo, Inc. is one of the world's largest food and beverage companies. Gatorade is one of its most recognizable brands, serving the sports drink and hydration category for decades. Gatorade products are commonly marketed around electrolyte replacement, athletic hydration, performance, and increasingly, cleaner label and ingredient-focused claims.In recent years and months, Gatorade has promoted reformulated and newer products that emphasize lower sugar content and the removal of artificial colors or flavors. The company has positioned these products to appeal to consumers who are increasingly conscious about the ingredients in beverages they purchase. This marketing strategy aligns with a broader trend in the food and beverage industry toward clean label positioning.
What Is Citric Acid and Why Does It Matter?
Citric acid is one of the most common ingredients in modern beverages, candies, packaged foods, and powders. It serves multiple purposes, including: providing tartness, balancing other flavors, controlling acidity, and preserving shelf stability. Citric acid has been used in food for decades and is generally recognized as safe by the U.S. Food and Drug Administration.However, the legal dispute in this Gatorade lawsuit is not simply whether citric acid appears on an ingredient label. Food labeling cases in California courts often focus on a more nuanced question: whether the way a product is marketed on its front label can create a misleading overall impression for reasonable consumers, even if specific ingredients are disclosed in fine print on the back.
The key legal principle. A company may disclose all of its ingredients accurately on the back of a package, but courts often look at whether the front-label claim creates a reasonable consumer belief that contradicts what those ingredients actually are or how they are sourced. If an ordinary shopper forms an inaccurate belief before ever reading the fine print, the label as a whole may be considered misleading.
The Broader Wave of Food Labeling Lawsuits
The Gatorade case fits into a growing pattern of food and beverage class actions that challenge "clean label" or ingredient-focused marketing claims. These lawsuits typically target phrases like:• "No artificial flavors"
• "No artificial sweeteners"
• "No colors from artificial sources"
• "Natural"
• "Clean label"
• "Free from artificial ingredients"
These lawsuits reflect a real shift in consumer behavior and values. More shoppers now read ingredient labels, care about the sourcing of ingredients, and prefer products they perceive as simpler, healthier, or less processed. Companies have responded by using front-label marketing language designed to appeal to these preferences. Plaintiffs' lawyers have noted that such marketing often commands a price premium — consumers frequently pay more for products they believe are free from artificial ingredients.
If the plaintiff's theory in this case is correct, a Gatorade product claiming "no artificial flavors" might sell to a consumer at a higher price precisely because of that claim. If the product's use of citric acid contradicts that claim, the lawsuit argues, consumers were misled into paying more than they would have for a product they knew used citric acid.
What Happens Next in the Gatorade Case?
The lawsuit is still in its earliest stages. No class has been certified yet, meaning the court has not formally decided whether this case can proceed as a class action on behalf of all affected Gatorade consumers.Typical next steps in a food labeling class action:
• PepsiCo's response: The company will file an answer to the complaint and may file a motion to dismiss the case. PepsiCo denies the allegations and will argue that its labeling is accurate and not misleading to consumers.
• Motion practice: The parties will brief legal arguments about whether the plaintiff's claims can proceed. The court may dismiss some or all of the claims before the case ever goes to trial.
• Discovery: If the case survives initial motions, the parties will exchange documents and take depositions (sworn interviews) about what Gatorade knew when it labeled and marketed these products.
• Class certification: If the case is not dismissed, the plaintiff will likely ask the court to formally certify a class action, defining exactly which Gatorade products and consumers are included.
• Settlement or trial: The case may settle at any point, or it may proceed to trial before a jury.
Any of these steps could take many months or years. Many proposed class actions are dismissed at the motion stage, narrowed significantly, or settled for far less than the amount of potential damages. There is no guarantee that this case will result in a settlement, a class being certified, or consumers receiving any money at all.
Which Gatorade Products Are Covered?
The complaint filed so far does not specify every Gatorade product that allegedly uses citric acid while making no artificial flavors claims. Court documents and future amendments to the complaint may clarify which specific products are included and what time period is covered.Interested consumers should monitor the case for updates, including any amended complaint, motion to dismiss ruling, or class certification documents. Those filings will provide much clearer information about the scope of products and the potential class definition.
Do I Need to Do Anything Right Now?
No. There is nothing consumers need to do at this stage.• There is no claim form to submit.
• There is no deadline to miss.
• There is no settlement fund to apply for.
• No money is available.
• You do not need to save receipts or contact the court.
This is a newly filed lawsuit that is still in its early stages. The allegations have not been proven in court, and PepsiCo has not been held liable. If the case moves forward through discovery, class certification, and eventually a settlement or trial judgment, class members will be notified about how to submit claims.
A Note on Food Labeling and Consumer Expectations
Food labeling disputes often highlight a gap between how companies intend labels to be read and how ordinary consumers actually understand them. Companies argue they disclose all ingredients clearly and comply with FDA regulations. Plaintiffs' lawyers counter that front-label marketing language can create a false overall impression even when individual ingredients are listed accurately.Courts must balance competing interests: protecting consumers from misleading marketing, while not unduly restricting companies' ability to use truthful marketing language. The outcome of cases like Kononenko v. PepsiCo can influence how aggressively companies use clean label claims and how scrutinized those claims become by regulators and plaintiffs' lawyers.
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• Latest class action news and updates
• OCA database of open class action settlements
How Do I Find Class Action Settlements?
Find all the latest class actions you can qualify for by getting notified of new lawsuits as soon as they are open to claims:Frequently Asked Questions About the Gatorade Lawsuit
Is there a Gatorade settlement?No. This is a newly filed complaint, not a settlement. There is no claim form to submit and no guarantee that consumers will ever receive money from this case.
What does the lawsuit allege?
The complaint alleges that Gatorade misleads consumers by marketing certain products as having no artificial flavors, while the products allegedly contain citric acid. The lawsuit raises the question of whether a product can claim no artificial flavors if it uses citric acid.
Who filed the lawsuit?
The lawsuit was filed by plaintiff Alex Kononenko on May 14, 2026 in Santa Clara County Superior Court, California. The case is captioned Alex Kononenko v. PepsiCo, Inc., et al., Case No. 26CV493594.
Has a class been certified?
No. The court has not yet certified a class action. Early stage complaints must survive motions to dismiss and other legal challenges before a class can be formally certified.
Why does citric acid matter if it's on the ingredient label?
Courts often focus on whether the front-label claim creates a misleading overall impression, even if ingredients are listed on the back. If a shopper reads "no artificial flavors" on the front and forms the belief that the product is free from artificial ingredients (without reading the fine print), the label as a whole may be considered misleading.
How long will this case take?
Unknown. Food labeling class actions can take many months or years to resolve. Many cases are dismissed at early stages. There is no guarantee this case will result in a settlement or class certification.
Sources
• Santa Clara County Superior Court, Civil Case Information Portal, confirming case filing information for Alex Kononenko v. PepsiCo, Inc., et al., Case No. 26CV493594, filed May 14, 2026• Trellis Law case listing for Alex Kononenko v. PepsiCo, Inc., et al., Case No. 26CV493594
• Gatorade official product pages and marketing materials showing current no artificial flavors claims on certain Gatorade products
• PepsiCo official corporate website and investor materials
About This Page
This page summarizes the Gatorade artificial flavors class action complaint filed in Alex Kononenko v. PepsiCo, Inc., et al., 26CV493594 (Santa Clara County Superior Court). OpenClassActions.com is a consumer news site and is not a law firm, the plaintiff's counsel, PepsiCo, or a party to this case. The allegations in the complaint have not been proven in court. PepsiCo denies wrongdoing. This page is for informational purposes only and does not constitute legal advice. If you have questions about whether you may be affected by this case, contact a qualified attorney licensed in your state.
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Submit Claim| Gatorade Lawsuit Quick Reference | |
| Status | Complaint Filed — No Settlement, No Claim Form |
|---|---|
| Case Title | Alex Kononenko v. PepsiCo, Inc., et al. |
| Case Number | 26CV493594 |
| Court | Superior Court of California, County of Santa Clara |
| Filing Date | May 14, 2026 |
| Case Type | Business Tort / Unfair Business Practice Unlimited |
| Plaintiff | Alex Kononenko |
| Defendants | PepsiCo, Inc. and subsidiaries (Gatorade brand owner) |
| What's Alleged | Gatorade allegedly misleads consumers by marketing products as having no artificial flavors while using citric acid, an ingredient the lawsuit characterizes as artificial or manufactured |
| Legal Claims | False advertising, unfair business practices, consumer protection violations under California law |
| Class Status | Not yet certified — case is still in early stages |
| Scope | Potentially nationwide class of consumers who purchased affected Gatorade products; specific products not yet clearly defined in public filings |
| Relief Requested | Damages, injunctive relief requiring labeling changes, attorneys' fees |
| PepsiCo's Position | Denies all allegations; has not yet filed a substantive court response |
| Next Step | PepsiCo to file answer and likely motion to dismiss; if not dismissed, discovery and potential class certification |
| Is There a Claim Form? | No — complaint stage only; no settlement and no payout available |
| Am I Part of the Class? | Potentially, if you purchased Gatorade products in the United States, but the exact products and time period are not yet defined |
| Do I Need to Do Anything? | No — nothing to file at this stage; monitor for updates if interested |
| Timeline | Unknown; food labeling cases can take many months or years; many are dismissed before reaching settlement |
| Related Ingredient / Label Lawsuits | This case is part of a broader wave of food and beverage class actions challenging clean label, no artificial, and ingredient-based marketing claims |
| Category | Food Labeling / False Advertising / Consumer Protection / Gatorade / PepsiCo / Citric Acid / Class Action Complaint |