California hits Gatorade in court for insulting H2O

Downplaying water’s benefits in game cost company $300K

SACRAMENTO— Gatorade has agreed not to make disparaging comments about water as part of a $300,000 (U.S.) settlement reached Thursday with California over allegations it misleadingly portrayed water’s benefits in a cellphone game where users refuel Olympic runner Usain Bolt. The game, downloaded 30,000 times in California and 2.3 million times globally, is no longer available.

The dispute between Gatorade and California Attorney General Xavier Becerra was settled in less than a day after Becerra filed a complaint in Los Angeles County.

Becerra’s complaint alleges the game, called Bolt!, misleadingly portrayed the health benefits of water in a way that could harm children’s nutritional choices. The game encouraged users to “keep your performance level high and avoid water,” with Bolt’s fuel level going down after drinking water but up after drinking Gatorade, the complaint alleged.

The settlement should serve as a warning to companies that falsely advertise, Becerra said.

Gatorade agreed to the settlement but has not admitted wrongdoing.

“The mobile game, Bolt!, was designed to highlight the unique role and benefits of sports drinks in supporting athletic performance. We recognize the role water plays in overall health and wellness, and offer our consumers great options,” spokesperson Katie Vidaillet said.

In addition to not disparaging water, Gatorade agreed not to make Bolt! or any other games that give the impression water will hinder athletic performance or that athletes only consume Gatorade. It also agreed to use “reasonable efforts” to abide by parent company PepsiCo’s policy on responsible advertising to kids and to disclose contracts with endorsers.

Of the settlement money, $120,000 will go toward the study or promotion of childhood and teenager nutrition and the consumption of water.