CSPI Drops Enviga Suit, Pursues Vitaminwater

WASHINGTONThe Center for Science in the Public Interest (CSPI) is letting Coca-Cola off the hook for false weight-loss claims made for Enviga, but will continue with its class action lawsuit against Coca-Cola over deceptive claims associated with its Vitaminwater line.

CSPI released a statement confirming it will not appeal a federal appeals court decision to block a New Jersey womans lawsuit over false weight-loss claims made by Coca-Cola for Enviga.

We believe that the Court of Appeals erred in not letting a consumer pursue her claim about the demonstrably false advertising and labeling on these expensive and fraudulent drinks," said CSPI litigation director Steve Gardner. But since the attorneys general cracked down and have since won modest labeling concessions, we wont appeal. Consumers seem to have gotten the message that Coca-Cola does not have the science to back up its laughable calorie burning claims for Enviga."

Under a February 2009 settlement agreement, Coca-Cola agreed to pay $650,000 and to stop making weight-loss claims for Enviga, and also agreed to add language to labels and marketing materials stating that the product will not promote weight loss without diet and exercise.

Although CSPI is not pursuing an appeal of the Enviga decision, the group is moving full-speed ahead" with a class action lawsuit against Coca-Cola over deceptive claims associated with its Vitaminwater line of drinks. According to CSPI, Coco-Cola makes a variety of false 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.