The Closed "No Preservatives" Settlement
Celsius Holdings, maker of Celsius fitness and energy drinks, faced a class action alleging it falsely marketed several beverage lines, including Celsius Live Fit, Celsius Heat, Celsius BCAA+Energy, and its powdered drink mixes, as containing no preservatives, when the products actually contained citric acid, an ingredient the lawsuit argued is considered a preservative under FDA standards. Plaintiffs argued consumers were willing to pay more for products marketed as free of preservatives and were deceived into overpaying based on that claim.
Celsius did not admit wrongdoing but agreed to a 7.8 million dollar settlement, covering purchases of the affected beverages between January 1, 2015, and November 23, 2022. The settlement received final court approval, and class members were not required to provide proof of purchase to receive a payment. This claims process is now closed.
A Separate, Newer Misbranding Case
A newer and legally distinct case, filed in February 2024, alleges that Celsius Live Fit energy drinks are misbranded because the company marketing claims, including statements that the product can accelerate metabolism, burn body fat, reduce hunger, and promote weight loss, go beyond ordinary food marketing and effectively make drug claims under the federal Food, Drug, and Cosmetic Act. Under that framework, a product making claims to affect the structure or function of the body, or to treat or prevent a condition, can be classified as an unapproved drug requiring FDA approval before it can be legally marketed and sold.
The lawsuit alleges Celsius has not obtained the required FDA approval for these claims, giving it an unfair advantage over competitors that do undergo that regulatory process. This case seeks to represent purchasers of Celsius Live Fit energy drinks since November 24, 2022, and remains a separate, distinct matter from the earlier, closed preservatives settlement.
A Broader Pattern, and Distinguishing From Other Celsius Matters
These consumer class actions over ingredient and health-claim labeling should not be confused with an entirely separate legal matter: a breach-of-contract dispute between Celsius and singer Flo Rida over a 2014 to 2018 endorsement agreement, which resulted in an $82.6 million jury verdict later sent back for a damages recalculation on appeal. That case involves a business contract dispute, not consumer product claims, and is a completely different type of litigation against the same company.
Celsius has also faced other consumer labeling disputes over the years, including a separate case alleging its Sparkling Orange beverage was deceptively labeled as containing real orange flavor when it was actually flavored with lab-synthesized ingredients, along with reported securities-related claims from investors around 2024 and 2025 concerning statements about its distribution partnership with PepsiCo.
How to Get Legal Help
This settlement claim window has closed. If you continue to have concerns about a Celsius product label or marketing claim, you can report it to the Federal Trade Commission or the FDA, and watch for developments in the newer misbranding lawsuit described here, which remains separate and unresolved.
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Celsius Class Action Lawsuit: The $7.8M Settlement, and a Newer Case: Frequently Asked Questions
Answers to the most common questions about this case and your legal options.
What did the Celsius class action allege?
That Celsius falsely marketed several beverage lines as containing no preservatives, when they actually contained citric acid, an ingredient the lawsuit argued qualifies as a preservative under FDA standards.
Can I still file a claim in the preservatives settlement?
No. That 7.8 million dollar settlement received final approval and its claims process has closed, covering purchases made between January 1, 2015, and November 23, 2022.
What does the newer 2024 lawsuit allege?
That Celsius Live Fit energy drinks make health claims, such as accelerating metabolism and burning body fat, that effectively classify the product as an unapproved drug under federal law, since Celsius has not obtained required FDA approval for those claims.
Is this the same as the Flo Rida lawsuit against Celsius?
No. That is an entirely separate matter, a business breach-of-contract dispute over a 2014 to 2018 endorsement deal, unrelated to these consumer product labeling class actions.
Has Celsius faced other similar lawsuits?
Yes. A separate case alleged its Sparkling Orange beverage was deceptively labeled as containing real orange flavor, and the company has also faced reported securities-related claims from investors regarding its PepsiCo distribution partnership.