Coca-Cola sued over health claims
The class action, filed yesterday in a California court, alleges that Coca-Cola misrepresented the nutritional content and health benefits of vitaminwater, which the company purported to be a “health beverage”.
This, the suit says, is in violation of California’s consumer protection laws.
However, Coca-Cola, which owns Glaceau, described the claims as “ridiculous” and said that Glaceau vitaminwater is clearly and properly labeled and shows the amount of vitamins and calories in the product.
The plaintiff in the case is James Koh, a resident of San Francisco, California, and California residents who have purchased the product since January 15, 2005.
The Center for Science in the Public Interest's litigation department is serving as co-counsel. The other law firms involved in the case are Reese Richman LLP and Whatley Drake & Kallas, LLC.
The CSPI said that Coca-Cola makes a “wide range of dramatic claims, including that its drinks variously reduce the risk of chronic disease, reduce the risk of eye disease, promote healthy joints, and support optimal immune function”.
However, the watchdog’s nutritionists found that the 33 grams of sugar in each bottle of vitaminwater do more to promote obesity, diabetes, and other health problems than the vitamins in the drinks do to perform the advertised benefits listed on the bottles.
CSPI litigation director, Steve Gardner, said: "Vitaminwater is Coke's attempt to dress up soda in a physician's white coat. Underneath, it’s still sugar water.”
The lawsuit states that Coca-Cola’s advertising and marketing campaigns, as well as its labeling of vitaminwater, deceptively promote it as a healthy alternative to soft drinks. And the desire by many consumers to avoid soft drinks has fueled the consumption of vitaminwater, from which the company has “profited enormously”.
It adds that Coca-Cola commands a premium price by distinguishing it from soft drinks (including its own), and by marketing and advertising it as a health beverage.
Meanwhile research has found that diets rich in added sugars contribute to obesity.
Coca-Cola has acknowledged in official documents that “obesity and other health concerns may reduce demand for some of [its] products” and are risk factors to its profits, according to the court papers.
Sales of VitaminWater are estimated at more than half a billion dollars annually.
Coca-Cola responds
A Coca-Cola spokewoman said: “Consumers today are savvy, educated and are looking for more from their beverages than just hydration.
“Many people know that they are not receiving adequate nutrients from their diets so they have turned to products like glaceau vitaminwater in order to help supplement what they are not receiving from the foods they eat.
“Consumers also are reading the nutrition facts panels on products, and they can see very clearly what is in glaceau vitaminwater, and what is not in many other beverages.”
The plaintiff has demanded a trial by jury.
