HUFFINGTON POST: Now here’s something you wouldn’t expect. Coca-Cola is being sued by a non-profit public interest group, on the grounds that the company’s vitaminwater products make unwarranted health claims. No surprise there. But how do you think the company is defending itself? In a staggering feat of twisted logic, lawyers for Coca-Cola are defending the lawsuit by asserting that “no consumer could reasonably be misled into thinking vitaminwater was a healthy beverage.” Does this mean that you’d have to be an unreasonable person to think that a product named “vitaminwater,” a product that has been heavily and aggressively marketed as a healthy beverage, actually had health benefits? Or does it mean that it’s okay for a corporation to lie about its products, as long as they can then turn around and claim that no one actually believes their lies? In fact, the product is basically sugar-water, to which about a penny’s worth of synthetic vitamins have been added. And the amount of sugar is not trivial. A bottle of vitaminwater contains 33 grams of sugar, making it more akin to a soft drink than to a healthy beverage.
Meanwhile, Coca-Cola has invested billions of dollars in its vitaminwater line, paying basketball stars, including Kobe Bryant and Lebron James, to appear in ads that emphatically state that these products are a healthy way for consumers to hydrate. When Lebron James held his much ballyhooed TV special to announce his decision to join the Miami Heat, many corporations paid millions in an attempt to capitalize on the event. But it was vitaminwater that had the most prominent role throughout the show. The lawsuit, brought by the Center for Science in the Public Interest, alleges that vitaminwater labels and advertising are filled with “deceptive and unsubstantiated claims.” In his recent 55-page ruling, Federal Judge John Gleeson (U.S. District Court for the Eastern District of New York), wrote, “At oral arguments, defendants (Coca-Cola) suggested that no consumer could reasonably be misled into thinking vitamin water was a healthy beverage.” Noting that the soft drink giant wasn’t claiming the lawsuit was wrong on factual grounds, the judge wrote that, “Accordingly, I must accept the factual allegations in the complaint as true.” MORE
CENTER FOR SCIENCE IN THE PUBLIC INTEREST: A federal judge has denied Coca-Cola’s motion to dismiss a lawsuit over what the Center for Science in the Public Interest says are deceptive and unsubstantiated claims on the company’s “vitaminwater” line of soft drinks. The company claims that vitaminwater variously reduces the risk of chronic disease, reduces the risk of eye disease, promotes healthy joints, and supports optimal immune function, and uses health buzz words such as “defense,” “rescue,” “energy,” and “endurance” on labels. Besides denying Coca-Cola’s motion to dismiss, the ruling contains other bad omens for the company. Judge John Gleeson of the U.S. District Court for the Eastern District of New York found that the company’s use of the word “healthy” violates the Food and Drug Administration’s regulations on vitamin-fortified foods. The FDA’s so-called “Jelly Bean” rule prohibits companies from making health claims on junk foods that only meet various nutrient thresholds via fortification. The judge also found that vitaminwater’s claim on the “focus” flavor of vitaminwater that it “may reduce the risk of age-related eye disease” runs afoul of FDA regulations. The judge also took note of the fact that the FDA frowns upon names of products that mention some ingredients to the exclusion of more prominent ingredients such as, in the case of vitaminwater, added sugar. The names of the drinks, along with other statements on the label, “have the potential to reinforce a consumer’s mistaken belief that the product is comprised of only vitamins and water,” Gleeson wrote. MORE