Judge Calls vitaminwater Misleading

WASHINGTON, D.C.Judge John Gleeson, of the U.S. District Court for the Eastern District of New York, has rejected The Coca-Cola Companys motion requesting a dismissal of a lawsuit related to the vitaminwater line of beverages. Last year, the Center for Science in the Public Interest (CSPI) filed a lawsuit that claims the use of the brand name vitaminwater is misleading. Gleesons recent decision reinforces that sentiment.

In a recent press release, CSPI notes that, during the ruling, Gleeson stated that the product name, in conjunction with statements made on the label, have the potential to reinforce a consumers mistaken belief that the product is comprised of only vitamins and water. The beverage line contains other ingredients, most notably added sugar.

Gleeson also took issue with the products use of the word healthy on the label, since its use might be contrary to FDAs stipulations for fortified products. FDA publishes regulations related to use of the term healthy and fortified foods, outlining basic minimum nutritional requirements that must be met.

In its reasoning behind its move for dismissal, The Coca-Cola Company argued that listing the sweetener in the ingredient statement (crystalline fructose) on the product labels, and detailing the amount of sugar in the drink (30 or 33.5 grams per bottle, with 2.5 8-oz. servings per bottle) in the Nutrition Facts panel, constituted sufficient disclosure. However, Gleeson rejected that reasoning, stating that consumers shouldnt have to look beyond misleading representations on the front of the box to discover the truth from the ingredient list in small print on the side of the box. To support this line of thought, the judge cited precedent in a case where use of images of fruit on Gerber Fruit Juice Snacks was found misleading, since the bulk of the products consisted of corn syrup and sugar and not fruit.

CSPI counsel, as well as other law firms involved in the case working on behalf of the plaintiffs, will now likely seek take depositions from executives of The Coca-Cola Company, ask for discovery of key vitaminwater marketing documents, and seek certification as a class action lawsuit.