Lawsuit Update

Celsius Drink Lawsuit: The $7.8 Million "No Preservatives" Settlement Explained

Celsius Drink Lawsuit: The $7.8 Million

Case Status

Settled

Final approval granted April 5, 2023; claims window closed February 13, 2023

Total Settlement

$7.8M

Gross settlement fund for the "No Preservatives" class action

Class Period

1/1/2015-11/23/2022

Covered purchases of Celsius beverages and powdered drinks

Key facts
  • The Celsius drink lawsuit most often means Hezi v. Celsius Holdings, Inc., Case No. 1:21-cv-09892 in the Southern District of New York, a consumer class action over the "No Preservatives" label, not a federal MDL.
  • Celsius agreed to a $7.8 million settlement covering purchases from January 1, 2015 to November 23, 2022, the court granted final approval on April 5, 2023, and the claims deadline of February 13, 2023 has long passed.
  • Plaintiffs alleged Celsius labeled its drinks "No Preservatives" even though they contain citric acid, so buyers overpaid for the products, and the harms alleged are economic rather than physical.
  • Celsius Holdings, Inc. is the named defendant and denied wrongdoing, while other Celsius cases, including the Flo Rida contract judgment and investor class actions, are separate matters from this settlement.

What Is the Celsius Drink Lawsuit?

The Celsius drink lawsuit most often refers to Hezi v. Celsius Holdings, Inc., a federal consumer class action over Celsius drinks labeled "No Preservatives" that ended in a $7.8 million settlement. The case is Case No. 1:21-cv-09892 in the U.S. District Court for the Southern District of New York, and it is a single-court class action, not a multidistrict litigation.

The dispute began in California in 2019 and was consolidated with a later class action filed in the New York federal court. Plaintiffs were represented by the Clarkson Law Firm, and the settlement covered buyers of Celsius Live Fit drinks and several related Celsius and Flo Fusion products.

Other lawsuits also carry the Celsius name in search results, including a rapper's contract case and investor suits, and each is a different case, described in the comparison section below.

Why Are People Filing Celsius Drink Lawsuits?

People are filing Celsius drink lawsuits because plaintiffs say the "No Preservatives" claim on Celsius cans was false, since the drinks contain citric acid. The complaint alleged that consumers pay more for natural, healthy products, and that the label led them to buy Celsius drinks they would otherwise have skipped or paid less for.

Celsius answered that citric acid is in the drinks to add flavor and not to preserve them. The court did not rule for either side on that question, and the parties settled to avoid the expense and risk of continuing the case.

What Injuries Are Included in the Celsius Drink Lawsuit?

The injuries included in the Celsius drink lawsuit are economic, not physical, and fall into three categories. Plaintiffs did not allege that any Celsius drink made someone sick in this case, and Celsius denied wrongdoing. The three alleged harms are defined below in plain language.

False "No Preservatives" Advertising

False advertising is a legal claim that a company made a statement about its product that was untrue or misleading, causing buyers to rely on it.

Plaintiffs alleged Celsius labeled and marketed its drinks as having "No Preservatives" and no artificial flavors, even though the ingredient list includes citric acid. The settlement required Celsius to remove the "No Preservatives" claim from its labeling and advertising.

Overpayment for the Products

Overpayment, sometimes called a price premium, is an economic loss claim that a buyer paid more for a product than it was worth because of a misleading label.

The class members did not claim a medical injury. They claimed they would not have bought the drinks, or would not have paid as much, if they had known the label's statement was untrue. That is why the settlement pays by the number of products bought rather than by any personal loss.

State Consumer Protection Law Violations

A state consumer protection law is a statute that prohibits unfair or deceptive business practices and lets buyers sue to recover their losses.

Plaintiffs framed the "No Preservatives" allegations as violations of state consumer protection laws. Those statutes generally let buyers recover losses from deceptive marketing without proving any physical harm, though the court never ruled on the merits here.

Who Qualifies for the Celsius Drink Lawsuit?

You may qualify if:

  • You bought any Celsius beverage, including Celsius Live Fit drinks, Celsius Heat, Celsius BCAA+Energy, Celsius with Stevia, Celsius On-The-Go powdered drinks or Flo Fusion powdered drinks
  • You made the purchase between January 1, 2015 and November 23, 2022
  • You submitted a valid claim form by the February 13, 2023 deadline, and proof of purchase was optional

You may not qualify if:

  • You bought the products only outside the January 1, 2015 to November 23, 2022 window
  • You did not submit a claim, exclude yourself or object by February 13, 2023, and that deadline has long passed
  • You are Celsius Holdings, Inc. or another party excluded from the class by the settlement's own terms

This settlement is closed to new claims. This summary describes who was historically covered by the class, not an open opportunity to file. Only a qualified attorney reviewing your own records can say whether you have any separate claim.

What Is the Current Status of the Celsius Drink Lawsuit?

The current status of the Celsius drink lawsuit is a finished settlement, not a pending case. The court granted final approval of the $7.8 million class settlement on April 5, 2023, and the claims window closed on February 13, 2023. Separate Celsius cases remain active in other courts and are covered below.

Hezi v. Celsius Holdings, Inc.

The litigation began in California in 2019 and was consolidated with a class action filed in New York federal court. The parties agreed to settle in December 2022, and the court later approved the settlement, fees, expenses and service awards after a final approval hearing.

CourtU.S. District Court, Southern District of New York
Case Number1:21-cv-09892
Plaintiffs' CounselClarkson Law Firm, P.C.
Settlement Fund$7.8 million
Class PeriodJanuary 1, 2015 to November 23, 2022
Claim, Opt-Out and Objection DeadlineFebruary 13, 2023 (passed)
Final Approval HearingMarch 31, 2023
Final ApprovalApril 5, 2023
Settlement AdministratorCelsius Class Administrator, PO Box 4325, Baton Rouge, LA 70821, 855-737-1258

Beyond the cash fund, the settlement required Celsius to change its advertising and labeling, including removing the "No Preservatives" claim.

How Much Is the Celsius Drink Lawsuit Settlement?

The Celsius drink lawsuit settlement is a $7.8 million fund that paid eligible buyers $1 per can or $5 per 14-pack of powdered drinks, capped at $250 with proof of purchase and $20 without. No receipt was needed to claim, which is why the lower cap applied to most claimants.

These amounts come from the settlement's own claims-made terms, not a guarantee of any individual payout. The fund was split pro rata, so payments could be reduced if many claims came in, or raised to as much as double, up to $500 with proof and $40 without, if fewer claims came in.

Actual payments ended up modest for many claimants. Top Class Actions reported payments of up to $23.66 as of June 5, 2023, and the amounts the court awarded for attorneys' fees, expenses and service awards were not confirmed in the sources reviewed.

The $82.6 million figure that often appears beside Celsius lawsuits is not part of this fund. It belongs to a separate contract case described below.

Celsius Drink Lawsuit Updates

Here are the latest Celsius drink lawsuit updates, covering the finished consumer settlement and the separate Celsius cases that remain active. The consumer settlement itself is closed, and new events now come mostly from the other proceedings.

Celsius Drink Lawsuit Timeline of Events

  • Investor Class Action Filed Over Alani Nu Caffeine Claims

    Pomerantz LLP announced a securities class action against Celsius Holdings and certain officers in the U.S. District Court for the Southern District of Florida, Case No. 26-cv-62465, covering investors who bought Celsius securities between February 21, 2025 and June 3, 2026. Investors have until November 3, 2026 to ask the court to appoint a lead plaintiff, and the complaint's allegations about Alani Nu drink caffeine are unproven.

  • Texas Attorney General Opens Investigation

    Texas Attorney General Ken Paxton announced an investigation into whether Celsius Holdings and its Alani Nu brand misled consumers about the safety of Alani Nu energy drinks for younger people, citing the drinks' 200 milligrams of caffeine per 12-ounce can. The report of the investigation comes from a single syndicated news story, and no charges or findings had been reported.

  • Florida Trial Court Enters $101.1 Million Judgment for Flo Rida's Companies

    The Broward County trial court entered judgment of $101.1 million, including prejudgment interest, for Strong Arm Productions and its co-plaintiffs in their breach-of-contract case against Celsius Holdings, after the appeals court had sent the damages question back. Celsius said it intends to appeal.

  • Federal Court Dismisses Earlier Investor Class Action With Leave to Amend

    The Southern District of Florida adopted a magistrate judge's recommendation and dismissed the securities class action that investors filed over Celsius's PepsiCo distribution statements, and the lead plaintiff filed a second amended complaint on April 20, 2026.

  • New Royalty Suit Filed Over Sparkling Orange

    A new lawsuit filed December 26, 2025 seeks perpetual royalties of ten cents per case on Sparkling Orange Celsius sold in the United States since January 1, 2021, according to Celsius Holdings' SEC filing, and Celsius moved to dismiss it on April 30, 2026.

  • Florida Supreme Court Declines Review in the Flo Rida Case

    The Florida Supreme Court denied discretionary review of the Flo Rida case on November 12, 2025, leaving the appeals court's ruling in place that Celsius was liable for breach of contract while the damages amount was retried.

  • SEC Orders Celsius to Pay $3 Million Penalty

    The U.S. Securities and Exchange Commission announced an administrative order, File No. 3-22429, finding that Celsius Holdings improperly accounted for stock-based compensation modifications in 2021 and lacked adequate disclosure controls. Celsius paid a $3 million civil penalty and agreed to a cease-and-desist order without admitting or denying the findings.

  • Florida Appeals Court Affirms Liability but Vacates the Flo Rida Damages

    The Fourth District Court of Appeal, in Case No. 4D2023-0452, affirmed the finding that Celsius breached its endorsement agreement but vacated the damages amount because the jury valued the stock at the end of trial instead of the breach date, and it sent the case back for a new valuation.

  • Starks v. Celsius Holdings Filed in Southern District of California

    Shaianne Starks filed a proposed class action, Case No. 3:24-cv-00185, alleging that Celsius Live Fit was marketed with efficacy claims that made it an unapproved new drug. A consumer-advocacy case tracker lists the case as voluntarily dismissed, though the court docket was not independently confirmed.

  • Court Grants Final Approval of the $7.8 Million Settlement

    The U.S. District Court for the Southern District of New York entered a Final Order and Judgment on April 5, 2023 approving the $7.8 million settlement in Hezi v. Celsius Holdings, along with attorneys' fees, expenses and service awards.

  • Final Approval Hearing Held

    The Southern District of New York held the final approval hearing for the Celsius "No Preservatives" settlement on March 31, 2023, about six weeks after the claims deadline.

  • Claims, Opt-Out and Objection Deadline Passes

    February 13, 2023 was the last day for Celsius buyers to submit a claim form, exclude themselves from the $7.8 million settlement, or object to its terms, and new claims have not been accepted since.

  • Florida Jury Awards Flo Rida's Companies $82.6 Million

    A Broward County jury found Celsius Holdings liable for breaching its endorsement agreement with rapper Flo Rida, whose legal name is Tramar Dillard, and awarded $82,640,450 in compensatory damages on January 18, 2023.

  • Celsius Agrees to a $7.8 Million Settlement

    Celsius Holdings agreed in December 2022 to pay $7.8 million to settle the consumer class action over its "No Preservatives" claim, and Top Class Actions reported the proposed terms on December 20, 2022 without any admission of wrongdoing by Celsius.

  • Flo Rida's Companies File Their Contract Suit

    Strong Arm Productions, D3M Licensing Group and Tramar Dillard filed their breach-of-contract suit against Celsius Holdings in Broward County, Florida on May 4, 2021, the case that later produced the $82.6 million jury verdict.

How to File a Celsius Drink Lawsuit

To file a Celsius Drink lawsuit, follow the 4 steps listed below.

  1. Check whether you were in the class: Review the eligibility criteria above, since the settlement covered only qualifying Celsius purchases within its class period.
  2. Accept that the claims window is closed: The deadline to file a claim, opt out or object passed, so no new claim can be submitted in this settlement.
  3. Contact the administrator if you already filed: A claimant with a question about a payment can reach the Celsius Class Administrator at PO Box 4325, Baton Rouge, LA 70821 or 855-737-1258.
  4. Speak with an attorney about any separate claim: A person with a different grievance, such as a health concern, would generally need an attorney to review their own records, since this settlement covered only the labeling claim.

Celsius Drink Lawsuit is no longer accepting new claims. The claims, opt-out and objection deadline passed on February 13, 2023, and the court granted final approval on April 5, 2023.

What Did Celsius Say About the Drink Lawsuit?

Celsius denied wrongdoing in the drink lawsuit and settled to avoid the expense and risk of continuing the case. The company argued that citric acid is present in its drinks only to add flavor, so the "No Preservatives" statement was not false.

The court did not rule in favor of either side on that dispute. Celsius has not been found liable for false advertising in the settled class action.

Regulators have taken separate action against the company on unrelated subjects, and none concerned the "No Preservatives" label in the sources reviewed.

AgencyActionDateOutcome
U.S. Securities and Exchange CommissionAdministrative order on stock compensation accounting and disclosure controls (File No. 3-22429)January 2025$3 million civil penalty and cease-and-desist order, no admission or denial
Texas Attorney GeneralInvestigation of Alani Nu marketing and caffeine content under the state deceptive trade practices lawJune 2026Investigation opened, no findings reported

How Does the Celsius Drink Lawsuit Compare to Other Celsius Cases?

The Celsius drink lawsuit is one of several distinct cases involving Celsius Holdings, and a source that says "Celsius lawsuit" may mean any of them. This page's settlement is the "No Preservatives" labeling class action. The cases below involve different plaintiffs, courts and claims.

The best-known other case is the Flo Rida contract dispute. A Broward County jury awarded Strong Arm Productions, D3M Licensing Group and rapper Flo Rida $82,640,450 on January 18, 2023, and after an appeal sent the damages back for retrial, the trial court entered a $101.1 million judgment on April 17, 2026 that Celsius intends to appeal. Celsius reported an $85.0 million accrual for that case as of March 31, 2026.

Two other consumer suits are separate from the settlement. Ruiz v. Celsius Holdings, Case No. 3:21-cv-00128 in the Southern District of California, alleges that fruit imagery on the cans misleads buyers about real fruit juice, and the court denied Celsius's motion to dismiss. Starks v. Celsius Holdings, filed January 26, 2024, alleged the drinks were unapproved new drugs.

People also search for a Celsius cancer or liver damage lawsuit. As of August 2026, the sources reviewed identified no verified nationwide cancer case or compensation program, and the $7.8 million settlement was a labeling case, not a cancer case.

CaseWhat It's AboutCourtStatus
Hezi v. Celsius (this page)"No Preservatives" label and citric acidS.D.N.Y., 1:21-cv-09892$7.8M settlement, final approval April 5, 2023
Strong Arm Productions v. CelsiusBreach of Flo Rida endorsement contractBroward County, Florida; Fla. 4th DCA No. 4D2023-0452$101.1M judgment entered April 17, 2026, appeal intended
Ruiz v. CelsiusFruit imagery and "0 sugar" claimsS.D. Cal., 3:21-cv-00128Motion to dismiss denied, later outcome not confirmed
Starks v. CelsiusLive Fit marketed as an unapproved drugS.D. Cal., 3:24-cv-00185Listed by a case tracker as voluntarily dismissed
Investor securities class actionStatements about Alani Nu drink safety and caffeineS.D. Fla., 26-cv-62465Lead plaintiff deadline November 3, 2026

Frequently Asked Questions

What is the Celsius drink lawsuit about?

The Celsius drink lawsuit is about whether Celsius falsely labeled its drinks "No Preservatives" while using citric acid, which plaintiffs said led buyers to overpay. Celsius said the citric acid was there for flavor, denied wrongdoing, and settled the case for $7.8 million.

Is the Celsius drink lawsuit a class action?

Yes. The Celsius drink lawsuit is a federal class action, Hezi v. Celsius Holdings, Inc., Case No. 1:21-cv-09892, in the Southern District of New York, and it is not a multidistrict litigation.

Has the Celsius drink lawsuit settled?

Yes. The Celsius drink lawsuit settled for $7.8 million, and the court granted final approval on April 5, 2023, without any admission of wrongdoing by Celsius.

Can I still file a claim in the Celsius drink lawsuit?

No. The deadline to file a claim in the Celsius drink lawsuit was February 13, 2023, and it has passed. A person who already filed can contact the Celsius Class Administrator about a payment instead of filing again.

How much money did people get from the Celsius drink lawsuit settlement?

People who filed valid claims in the Celsius drink lawsuit settlement were paid $1 per can or $5 per 14-pack, capped at $250 with proof of purchase and $20 without, subject to a pro rata adjustment. Top Class Actions reported payments of up to $23.66 as of June 5, 2023.

Is the Celsius drink lawsuit the same as the Flo Rida lawsuit?

No. The Celsius drink lawsuit settlement is a consumer labeling class action, while the Flo Rida case is a separate breach-of-contract dispute with its own Florida court, its own damages award, and no link to the $7.8 million fund.

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