Plus, PepsiCo off the hook in pollution suit͏‌ ͏‌ ͏‌ ͏‌ ͏‌ ͏‌ ͏‌ ͏‌ ͏‌ ͏‌ ͏‌ ͏‌ ͏‌ ͏‌ ͏‌ ͏‌ ͏‌ ͏‌ ͏‌ ͏‌ ͏‌ ͏‌ ͏‌ ͏‌ ͏‌ ͏‌ ͏‌ ͏‌ ͏‌ ͏‌ ͏‌ ͏‌ ͏‌ ͏‌ ͏‌ ͏‌ ͏‌ ͏‌ ͏‌ ͏‌ ͏‌ ͏‌ ͏‌ ͏‌ ͏‌ ͏‌ ͏‌ ͏‌ ͏‌ ͏‌ ͏‌ ͏‌ ͏‌ ͏‌ ͏‌ ͏‌ ͏‌ ͏‌ ͏‌ ͏‌ 
 
 
BevnetNovember 04, 2024
DAILY BRIEFING
Today's news & insights for the beverage industry.
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In this issue of Daily Briefing

  • 🔵 PepsiCo Freed From Pollution Suit
  • 💧 Flow Beverage Corp. Updates
  • 🧑‍⚖️ Judge Permits DC Surfside Sales
  • 🤝 Gopuff Now Accepting SNAP EBT

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📰 Today's Top Story

🥤 How Modern Soda Is Positioning For The Masses

🥤 How Modern Soda Is Positioning For The Masses

There’s zero doubt that the beverage industry is experiencing a new wave of CSD innovation, but what we call this reimagining is still a little fizzy. Gut Health Drinks? Functional Pop? Or we could follow the lead of Walmart last week and just call it a clean and simple “Modern Soda.”

On LinkedIn Friday, Nick Scutari-Dunn, an associate merchant at Walmart, showcased Modern Soda as the mass chain’s newest category designation with a set that features gut health trend leaders Poppi, Olipop and Culture Pop, alongside zero-calorie brand Zevia.

“This new category will bring your favorite healthy soda brands to one location both in-store and online,” Scutari-Dunn wrote. “We are thrilled to see these brands continue to exponentially grow and provide healthy alternatives for our customers!”

Soda’s comeback in a better-for-you format has been one of the most significant stories in the beverage industry for several years running, but 2024 may have been a breakout moment for the trend – between Poppi’s mainstream coming out with a Super Bowl ad back and the continued success of Zero Sugar variant lines from major conglomerates like Coke, Pepsi and KDP.

Last week, CNN reported that refreshed marketing approaches and an increase in younger consumers has helped fuel soda’s return. Citing Evercore ISI data, the outlet reported that soft drink volume sales rose 1.3% in Q3 2024 – a stark difference from even just a few years ago when CSD sales were regularly falling around 4% annually.

“[S]oda sales grew during the pandemic as consumers loaded up at grocery stores and returned to old favorites with restaurants closed,” the CNN report stated. “More recently, soft drink sales have been aided by lower- and middle-income consumers seeking inexpensive indulgences, companies and analysts say.”

A health halo is no doubt having an impact as NielsenIQ reported retail dollar sales of all CSDs were up 4.6% in the 52-weeks ending September 21, with low calorie sodas up 8% in the period compared to a 3% rise for “regular” (i.e. sugary) lines. 

And Modern Soda brands are certainly making their mark. Poppi dollar sales grew 167.1% in the same period, while Olipop sales were reported up 129.2%.

The brands are no doubt bullish, and they see a long runway ahead of them. Just take it from Andrew Steele, Olipop’s VP of Sales for c-store, drug and FSOP, on LinkedIn.

“Modern Soda is a ‘thing’ at Walmart,” he wrote. “[C]oming to a c-store/drug store near you in 2025 too.”

Go Deeper: Inside Olipop’s Burgeoning Sports Sponsorship Strategy

 

👉🏼 What You Need to Know 👈🏼

🔵 PepsiCo Off-The-Hook In N.Y. Plastic Pollution Lawsuit

🔵 PepsiCo Off-The-Hook In N.Y. Plastic Pollution Lawsuit

PepsiCo has won a dismissal in a New York State lawsuit brought by the state’s attorney general Letitia James in November 2023 that accused the beverage giant of polluting the environment with single-use plastic packaging and endangering public health. 

❌ Last Thursday, state Supreme Court Judge Emilio Colaiacovo said that it was "contrary to every norm of established jurisprudence" to punish the beverage maker for its consumers littering food and beverage packaging.

🚰 The attorneys general’s office was attempting to hold the Purchase, N.Y.-based company liable for the 17% of plastic waste found in and near the Buffalo River. 

💭 The judge went on to chide James for bringing a suit against PepsiCo because “the judicial system should not be burdened with predatory lawsuits that seek to impose punishment while searching for a crime.”

 

💧 Flow Beverage Corp. Updates

Toronto-based Flow Beverage Corp. has closed a CAD$4.1 million secured loan term from RI Flow LLC, which will support the company’s efforts to scale its co-packing business, launch sparkling mineral water and return to growth in Q1 2025. 

👀 The loan matures six months from closing, carries an interest rate of 15% annually and is secured against the company’s assets.

🗣️ What they said: “The loan, as well as the closing of the convertible debentures with BeatBox last week, helps strengthen our financial position, minimize dilution and accelerate the achievement of our profitability goals.” - Nicholas Reichenbach, founder and CEO of Flow

👔 In a separate release, Flow announced the appointment of Joseph Mimran to its board of directors. Mimram – who currently serves as president and creative director at Joseph Mimran & Associates Inc. – has also been appointed to the board of directors’ audit committee and governance, human resources and compensation committee. The news comes as Joe Jackman resigned from the board with the company calling Jackman “instrumental to Flow’s strategic shift toward a capital-efficient operating model.” 

 

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🧑‍⚖️ D.C. Judge Allows Illinois Distributor To Sell Surfside

A Washington D.C. federal judge has sided with Reyes Holdings in a dispute filed by Madaket LLC, a Mexican restaurant operator in the D.C. and Massachusetts area, over Surfside canned cocktails. In the decision, Judge James E. Boasberg wrote that Reyes Holding is "a non-resident holding company without a license to sell alcohol, Reyes does not distribute Surfside canned cocktails anywhere, let alone here in the district."

🏄 The “tale of two Surfsides,” as described in a previous opinion by Judge Boasberg, goes back to a trademark dispute filed by Madaket over Surfside from October 2023.

❌ Judge Boasberg initially denied a motion from Sweet Grace Distilling (which is operated by Stateside Vodka owner Clement Pappas) to scrap a trademark infringement settlement file by Madaket against the Surfside RTD producer.

💭 It appears that Madaket’s effort to go after one of Surfside’s distributors was deemed as reaching too far in protecting its trademark. Judge Boasberg said the Reyes lawsuit makes “only conclusory statements supported by inference,” which the court will not be bound to.
 

🤝 Gopuff Now Accepting SNAP EBT Nationwide

Digital delivery service Gopuff began accepting Supplemental Nutrition Assistance Program (SNAP) payment for all eligible online purchases nationwide late last week. According to Gopuff, the launch marks the first instant commerce company to gain USDA approval for accepting SNAP payments. 

👀 Access to online groceries is not just a convenience for many SNAP shoppers, it is necessary because many members live in food deserts with limited transportation options, the company claims. 

📲 To enable SNAP payment on its platform, Gopuff teamed up with Forage, the only USDA-approved third-party payment processor. Orders are prepared in Gopuff’s local micro-fulfillment centers and brought to customers’ doors by delivery partners in as fast as 15 minutes.

💭 “For more than a decade, we have been bringing high-quality, affordable food and pantry staples to customers in minutes. As we continue to advance our efforts to provide meaningful value to our customers, we are honored to now allow SNAP-eligible families access to the groceries they need in the fastest and most affordable way,” said Yakir Gola, co-founder and co-CEO of Gopuff, in a statement. 

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