Celsius Holdings, the maker of one of America’s fastest-growing energy drinks, has faced a string of legal battles that have drawn national attention — from a landmark $7.8 million class action settlement over misleading “no preservatives” advertising, to troubling allegations about false health claims, cancer-related concerns, a misbranding lawsuit over FDA compliance, and a dramatic 2025 recall in which cans labeled as Celsius energy drinks were found to contain vodka seltzer. If you have purchased Celsius drinks, been injured by a mislabeled product, or simply want to understand the full legal landscape around this brand, this comprehensive guide covers everything from A to Z.
This article covers every major Celsius lawsuit, class action, recall, and legal development in one place — optimized to answer the questions consumers and attorneys are asking most in 2025 and 2026.
What Is the Celsius Lawsuit? An Overview
The term “Celsius lawsuit” does not refer to a single case. Instead, it is an umbrella covering several distinct legal actions filed against Celsius Holdings, Inc. (Nasdaq: CELH) — a Boca Raton, Florida-based functional beverage company that makes Celsius Live Fit, Celsius Heat, Celsius BCAA+Energy, Celsius On-The-Go, and related products. The various Celsius lawsuits allege false advertising, consumer fraud, misbranding, failure to obtain FDA approval, and, most recently, product mislabeling that resulted in consumers unknowingly being sold alcoholic beverages.
The primary lawsuits at a glance:
- The Preservative Class Action Lawsuit (Hezi et al. v. Celsius Holdings Inc.) — settled for $7.8 million in 2023.
- The McCallion v. Celsius Holdings Class Action — separately settled in mid-2023.
- The Live Fit Misbranding and FDA Approval Lawsuit (Starks v. Celsius Holdings, Inc.) — filed January 2024 in California.
- The Celsius Alcohol Recall and Potential Lawsuit (2025) — High Noon vodka seltzer mislabeled as Celsius Astro Vibe Energy Drink.
Why Is Celsius Getting Sued? The Core Allegations
Consumers and plaintiff attorneys have targeted Celsius Holdings for a variety of reasons. Understanding each set of allegations is critical for anyone evaluating whether they have a claim.
1. The “No Preservatives” False Advertising Claim
The most prominent Celsius drink lawsuit involved the company’s repeated marketing claim that its drinks contained “no preservatives.” Plaintiffs Amit Hezi, Joseph Nina, and Daniel Prescod filed a class action on November 23, 2021, in the U.S. District Court for the Southern District of New York, arguing that Celsius products actually contained citric acid — which the Food and Drug Administration (FDA) classifies as a preservative. Celsius argued that citric acid was used for tart flavoring rather than preservation, but the plaintiffs countered that the functional effect of an ingredient governs FDA classification, not the manufacturer’s stated intent. A federal judge agreed and the case proceeded to settlement.
2. False Health and Weight-Loss Claims
The Starks v. Celsius Holdings lawsuit, filed January 26, 2024, in the Northern District of California (Case No. 3:24-cv-00185), focused on a different set of allegations. The plaintiff, a California consumer, alleged that Celsius Live Fit drinks were misbranded because the product labels made health claims — such as the ability to “accelerate metabolism,” “burn body fat,” “reduce hunger,” and promote weight loss — that the drinks do not actually deliver. The lawsuit also argued that because these labels claim the product can “affect the structure and function of the body” or “cure, mitigate, treat, or prevent disease,” the products legally qualify as “drugs” under the federal Food, Drug, and Cosmetic Act. As drugs, they would require FDA approval before being marketed — approval Celsius never sought.
3. The Cancer Controversy: What the Science Says
Searches for “celsius drink cancer lawsuit” and “celsius energy drink lawsuit cancer” have surged online, reflecting growing consumer concern. It is important to be accurate here. As of mid-2026, there is no court-certified, multi-plaintiff class action lawsuit against Celsius Holdings specifically alleging that drinking Celsius causes cancer. However, online discussions have pointed to the high caffeine content in Celsius products (200 mg per 12 oz can) and the presence of ingredients like guarana seed extract and green tea extract, which in very high doses have been associated in some scientific literature with liver stress.
The cancer conversation in the context of Celsius lawsuits is largely fueled by broader industry concerns — similar to those raised against energy drink brands generally — rather than Celsius-specific clinical findings. The 2024 misbranding lawsuit did allege that the company’s health claims were unsubstantiated and put consumers at risk, but it did not allege a direct cancer link. Consumers who believe they have experienced serious health effects after long-term Celsius consumption are encouraged to consult with a product liability attorney for a case-specific evaluation.
4. The 2025 Celsius Alcohol Recall Lawsuit
The most recent and alarming development in the Celsius energy drink scandal occurred in July 2025, when High Noon — the vodka seltzer brand produced by E&J Gallo Winery — initiated a voluntary recall of two production lots of its Beach Variety 12-packs. The FDA announced the recall on July 30, 2025, after it was discovered that a shared packaging supplier had mistakenly shipped empty Celsius energy drink cans to the High Noon facility, which were then filled with alcoholic vodka seltzer and distributed labeled as “CELSIUS® ASTRO VIBE™ Energy Drink, Sparkling Blue Razz Edition” with a silver top.
The recalled packs were shipped to distributors in Florida, Michigan, New York, Ohio, Oklahoma, South Carolina, Virginia, and Wisconsin between July 21 and July 23, 2025. No illnesses or adverse events had been reported to the FDA as of the recall announcement date. High Noon directed affected consumers to contact their consumer relations team at consumerrelations@highnoonvodka.com for refunds. As of the publication date of this article, no formal Celsius alcohol lawsuit had been filed over the recall, but legal observers noted that recalls of this nature frequently lead to class action filings — particularly when they involve minors or non-drinkers who may have unknowingly consumed alcohol.
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Celsius Lawsuit Timeline
Here is a complete chronological timeline of the Celsius energy drink legal saga:
| Date | Event |
| Nov. 23, 2021 | Hezi et al. v. Celsius Holdings Inc. filed in U.S. District Court, Southern District of New York. Alleges “no preservatives” claim is false due to citric acid content. |
| Jan. 2023 | Celsius and class plaintiffs reach a preliminary settlement agreement of $7.8 million. |
| Jan. 30, 2023 | CBS News New York reports on the Celsius class action settlement, drawing wide consumer attention. |
| Apr. 5, 2023 | U.S. District Judge Jennifer H. Rearden gives final approval to the $7.8 million Celsius settlement in New York federal court. |
| Apr. 26, 2023 | Settlement terms published: $1 per can / $5 per 14-pack of powder. Celsius agrees to remove “no preservatives” from all marketing. |
| Mid-2023 | McCallion v. Celsius Holdings class action settled separately. Celsius discloses the settlement in SEC filings. |
| Jan. 26, 2024 | Starks v. Celsius Holdings, Inc. (Case No. 3:24-cv-00185) filed in Northern District of California. Alleges misbranding and unlawful sale of an unapproved drug. |
| Feb. 1, 2024 | ClassAction.org publishes report on the Starks lawsuit, noting FDA compliance concerns. |
| July 21-23, 2025 | High Noon Beach Variety 12-packs mislabeled as Celsius Astro Vibe Energy Drinks shipped to six states. |
| July 29-30, 2025 | High Noon announces voluntary recall. FDA posts official recall notice. No injuries reported at time of announcement. |
| 2025-2026 | Legal observers monitor the recall for potential Celsius alcohol lawsuit class action filings. No formal litigation confirmed at press time. |
The $7.8 Million Celsius Class Action Settlement: Details and Eligibility
The centerpiece of the Celsius lawsuits story is the $7.8 million class action settlement approved in April 2023 by the U.S. District Court for the Southern District of New York. Here is everything consumers and attorneys need to know about the Celsius lawsuit settlement.
What Products Were Covered?
- Celsius Live Fit (canned beverages)
- Celsius Heat
- Celsius BCAA+Energy
- Celsius with Stevia
- Celsius On-The-Go (powdered drink mixes)
- Flo Fusion (powdered drink mix)
Who Was Eligible to Claim?
Anyone who purchased any of the above Celsius products since January 2015 was eligible to participate in the Celsius class action settlement. Nearly one million people applied for the benefit, according to legal filings. Approximately 60,000 claimants received payments greater than $23 each, and around 100,000 received more than $14.
How Much Did Class Members Receive?
- $1.00 for each can of Celsius purchased
- $5.00 for every 14-pack of Celsius powdered drink mix purchased
What Did Celsius Agree To?
As a condition of the settlement, Celsius Holdings agreed to remove the “no preservatives” claim from its marketing materials, cans, and packaging. The company admitted no wrongdoing. Plaintiff attorneys received $2.64 million in fees and $242,294 in expenses. The three named plaintiffs split a $20,000 incentive award.
Is the Settlement Still Open?
No. The Celsius lawsuit settlement (Hezi et al. v. Celsius Holdings Inc.) received final court approval on April 5, 2023. The claims period has closed. Consumers who did not file a timely claim are not eligible to receive payment from this particular settlement fund. However, separate ongoing litigation may present future compensation opportunities.
Celsius Lawsuit in New York: Court Details
The primary Celsius lawsuit New York case — Hezi et al. v. Celsius Holdings Inc., Case No. 1:21-cv-09892 — was litigated in the U.S. District Court for the Southern District of New York. Judge Jennifer H. Rearden presided over the case, ultimately granting final approval to the settlement on April 5, 2023. The case was represented on the plaintiff side by the Clarkson Law Firm PC, with attorneys Ryan J. Clarkson, Timothy K. Giordano, Bahar Sodaify, and Zachary T. Chrzan.
New York’s strong consumer protection laws made it a favorable venue for the plaintiffs. The Southern District of New York regularly hears high-profile consumer class actions, and the Celsius case fits a pattern of false advertising litigation against beverage and food brands.
Celsius Energy Drink Scandal: The FDA Approval Issue
The 2024 California lawsuit (Starks v. Celsius Holdings, Inc.) introduced a significantly more serious set of legal allegations than the preservative case. Under the federal Food, Drug, and Cosmetic Act (FDCA), any product that claims to “affect the structure or function of the body” or that seeks to “cure, mitigate, treat, or prevent” disease is regulated as a drug — not as a food or beverage.
The Celsius Live Fit label makes bold statements including that the drink can “accelerate metabolism,” “burn body fat,” and reduce hunger. The plaintiff argued these are precisely the kind of claims that require drug-level FDA approval — approval Celsius has never obtained. The lawsuit alleged that by selling these drinks without FDA approval, Celsius was engaged in the unlawful distribution of an unapproved new drug, violating both the California Unfair Competition Law and the California Consumers Legal Remedies Act.
The broader impact of this lawsuit, if successful, could force Celsius — and potentially the wider energy drink industry — to either strip health-related claims from product labels or submit to the lengthy and expensive FDA drug-approval process. This is the type of case that could reshape marketing practices across the entire functional beverage marketa.
The Celsius Alcohol Recall: Legal Implications
The most recent chapter in the Celsius energy drink lawsuit saga is the July 2025 recall involving alcohol-containing cans mislabeled as Celsius energy drinks. Understanding the legal landscape around this event is essential for both consumers and attorneys.
What Happened?
A shared packaging supplier accidentally shipped empty Celsius energy drink cans to High Noon’s production facility. High Noon — owned by E&J Gallo Winery — filled those cans with its alcoholic vodka seltzer and distributed the 12-pack Beach Variety Packs commercially. Consumers buying what they believed to be a non-alcoholic energy drink were actually purchasing an alcoholic beverage. The FDA formally announced the recall on July 30, 2025.
Celsius Alcohol Percentage in Affected Cans
The mislabeled cans contained High Noon vodka seltzer, which typically has an alcohol by volume (ABV) of approximately 4.5%. Celsius energy drinks, by contrast, contain zero alcohol. The concern for legal liability centers on several categories of potential plaintiffs: pregnant individuals who unknowingly consumed alcohol, recovering alcoholics, minors who were given what appeared to be an energy drink, and individuals in religious communities where alcohol consumption is prohibited.
Is There a Celsius Alcohol Lawsuit?
As of mid-2026, no formal class action lawsuit had been filed specifically over the alcohol recall. However, legal experts watching the case note that product liability and consumer protection law provides strong grounds for litigation if a consumer can show they suffered harm — physical, psychological, or professional — from unknowingly ingesting the alcoholic product. Affected consumers should document their purchases, retain any packaging with lot codes, and consult a consumer protection attorney.
Celsius Energy Drink: Product Overview
To understand the legal context, it helps to know the brand itself. Celsius Holdings, Inc. (Nasdaq: CELH) is a publicly traded functional beverage company headquartered in Boca Raton, Florida. Its flagship product line — marketed under the tagline “Live Fit” — is positioned as a fitness-oriented, better-for-you alternative to traditional energy drinks.
Key Celsius Ingredients
- 200 mg of caffeine per 12 oz can (from green tea extract and guarana)
- MetaPlus proprietary blend (including green tea extract, guarana seed extract, ginger root extract, chromium, and B vitamins)
- Citric acid (the center of the preservative class action)
- Carbonated water and natural flavors
- Zero sugar across most product lines
Celsius grew from a niche fitness supplement into a mainstream powerhouse, reaching over $1.36 billion in revenue in 2024. The brand holds approximately a 10% share of the U.S. energy drink category and has distribution partnerships with PepsiCo. This explosive growth made the brand’s marketing practices and product labeling more visible to regulators and plaintiff attorneys alike.
Celsius Lawsuit Updates: Where Things Stand in 2026
Here is the current status of each major Celsius legal matter as of mid-2026:
- Hezi et al. v. Celsius Holdings (Preservative Case): Fully resolved. $7.8M settlement approved April 5, 2023. Claims period closed.
- McCallion v. Celsius Holdings: Settled mid-2023 per Celsius SEC filings. Terms not fully public.
- Starks v. Celsius Holdings (FDA Misbranding Case): Ongoing as of last available reporting. Filed January 26, 2024. Status: litigation phase.
- High Noon/Celsius Alcohol Recall (2025): Recall active. No formal lawsuit filed as of mid-2026. Monitor for class action developments.
Attorneys interested in joining or investigating new Celsius litigation should monitor PACER (Public Access to Court Electronic Records) and the FDA’s MedWatch safety reporting database for future filings and adverse event reports related to Celsius products.
Celsius Energy Drink Case Review: Lessons for Consumers and Attorneys
The Celsius energy drink lawsuits offer several important takeaways for both everyday consumers and legal practitioners.
For Consumers
- Read labels carefully. Marketing language like “no preservatives” or “burns body fat” may be legally contested. Do not assume that front-of-can claims are scientifically verified.
- Check recall databases. The FDA maintains an up-to-date recall database at fda.gov/safety/recalls. Checking it periodically — especially for products you consume regularly — can protect your health.
- Document your purchases. Receipts, loyalty card data, and even bank statements can prove purchase history if you need to join a class action or file an individual claim.
- Consult an attorney if harmed. Product liability, consumer fraud, and food safety law are complex. A free consultation with a qualified plaintiff attorney can clarify whether you have a viable case.
For Attorneys
- False advertising in the energy drink sector is fertile ground. The Celsius cases demonstrate that both ingredient-based (citric acid) and outcome-based (weight loss) claims are legally vulnerable.
- The FDA drug-vs.-supplement distinction is increasingly litigated. The Starks case theory — that metabolism/fat-burning claims make a beverage a drug — could apply to dozens of other brands.
- Product recalls create plaintiff pools. The 2025 High Noon/Celsius recall affected consumers in at least six states. Legal investigation is warranted where recalls affect alcohol-intolerant populations, minors, or people in sobriety programs.
- Class action certification in beverage cases is well-established. Courts in New York and California have repeatedly certified beverage-related class actions.
Recall on Celsius Energy Drink: Full Details
| For consumers concerned about the 2025 recall, here are all the details you need to check whether you are affected. Product Affected: High Noon Beach Variety Pack, 12-pack, 12 fl oz cans. Cans inside are mislabeled as CELSIUS® ASTRO VIBE™ Energy Drink, Sparkling Blue Razz Edition, silver-top can. Lot Codes to Check: • High Noon outer pack lot codes: L CCC 17JL25 (14:00–23:59) and L CCC 18JL25 (00:00–03:00) • Individual Celsius-labeled cans: lot code L CCB 02JL25 (2:55–3:11), lasered on the bottom of the can States Affected: Florida, New York, Ohio, South Carolina, Virginia, and Wisconsin (with Michigan and Oklahoma for distributor shipments). What to Do: 1. Do not consume any silver-lid can with the above lot codes. 2. Dispose of the affected product immediately. 3. Contact High Noon Consumer Relations at consumerrelations@highnoonvodka.com for refund information. 4. Report any adverse events to the FDA MedWatch program at fda.gov/safety/medwatch. |
Frequently Asked Questions (FAQ)
Why is Celsius drink getting sued?
Celsius has been sued for multiple reasons. The primary Celsius class action lawsuit (settled in 2023 for $7.8 million) alleged that the company falsely marketed its drinks as having “no preservatives” despite containing citric acid, which the FDA classifies as a preservative. A separate 2024 lawsuit alleges that Celsius Live Fit drinks are misbranded because their health claims (such as accelerating metabolism and burning fat) legally make them drugs under federal law, requiring FDA approval the company never obtained. Most recently, a 2025 product recall raised questions about potential litigation after High Noon vodka seltzer was mistakenly packaged in Celsius-labeled cans.
What is the Celsius lawsuit settlement amount?
The Celsius preservative class action settlement totaled $7.8 million. Individual claimants received $1 per can and $5 per 14-pack of powdered drink mix purchased since January 2015. The settlement received final approval from a federal judge in the Southern District of New York on April 5, 2023. The claims period for this specific settlement is now closed.
Is there a Celsius drink cancer lawsuit?
As of mid-2026, there is no certified class action lawsuit against Celsius Holdings specifically alleging that its drinks cause cancer. The online interest in a “Celsius cancer lawsuit” appears to stem from general concerns about high caffeine content and unverified health claims, as well as broader industry discussions about energy drink safety. The 2024 Starks lawsuit does allege that Celsius made unsubstantiated health claims, but it does not allege that the drinks are carcinogenic. Consumers who have experienced serious health events after long-term Celsius consumption should consult a product liability attorney.
What happened with the Celsius alcohol recall in 2025?
In July 2025, High Noon (produced by E&J Gallo Winery) voluntarily recalled two lots of its Beach Variety 12-packs after a shared packaging supplier accidentally shipped empty Celsius energy drink cans to the High Noon facility. Those cans were filled with High Noon vodka seltzer and distributed to retailers in multiple states labeled as Celsius Astro Vibe Energy Drink. The FDA announced the recall on July 30, 2025. No injuries were reported at the time of the recall. Affected consumers were directed to contact High Noon for refunds. Legal observers are monitoring the situation for potential Celsius alcohol lawsuit filings.
Can I still join the Celsius class action lawsuit?
The claim period for the original $7.8 million Celsius preservative settlement is closed. However, the 2024 Starks v. Celsius Holdings misbranding lawsuit may still be in active litigation and could potentially develop into a class action affecting a larger pool of consumers. Additionally, if lawsuits emerge from the 2025 alcohol recall, new class action opportunities could open. To stay informed, monitor legal news sites, sign up for class action alerts from organizations like ClassAction.org or TopClassActions.com, or consult directly with a plaintiff attorney who handles consumer protection cases.
Conclusion: What the Celsius Lawsuits Mean for Consumers
The Celsius energy drink scandal is a cautionary tale about what happens when aggressive marketing outpaces regulatory compliance and scientific evidence. From the misleading “no preservatives” claim that cost the company $7.8 million, to the unsubstantiated drug-like health claims now being challenged in California, to the alarming 2025 incident in which consumers were unknowingly sold alcoholic beverages — Celsius Holdings has faced legal accountability from multiple angles.
For consumers, the lessons are clear: verify product claims, monitor recalls, document your purchases, and do not hesitate to consult an attorney if a product causes you harm. For attorneys, the Celsius case demonstrates that the energy drink industry remains fertile ground for consumer protection and product liability litigation.
AttorneysMag.com will continue to monitor the Celsius lawsuits for updates, new filings, and settlement opportunities. Bookmark this page for the latest Celsius lawsuit updates.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. If you believe you have a legal claim, consult a licensed attorney in your jurisdiction. AttorneysMag.com is not a law firm and does not represent any party in the matters described above.
