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Federal Court Denies Motion to Dismiss In Vitaminwater Consumer Fraud Class Action — Our Chicago Class Action Lawyers Bring Suit Regarding False Advertising Claims

 

Is Vitaminwater Really a Healthy Drink?
By Sean Gregory Friday, Jul. 30, 2010
Time reports:

Over the past few years, an increasing number of worn-out consumers have reached for a bottle of Vitaminwater after a workout. The sports drink has emerged as a serious competitor to Gatorade and other noncarbonated beverages, so much so that Coca-Cola forked over $4.2 billion in cash to buy the brand from Glaceau back in 2007. …
But do some of these weekend warriors think they’re just getting a healthy mix of vitamins and water, as the name of the product implies, when they chug that sweet drink? Probably so. But they’re getting more: 33 grams of sugar and 125 calories, for every 20-ounce bottle. Hey, where’s the sugar in the name?

Such mixed-message marketing has caused one food-health advocacy group, the Center for Science in the Public Interest (CSPI), to lead a class action claiming that Coca-Cola is violating consumer-protection laws with its Vitaminwater brand. …

The group achieved a victory last week, when a federal judge tossed out Coke’s motion to dismiss the case. In a strongly worded 55-page opinion, Judge John Gleeson of the U.S. District Court in Brooklyn said the health claims on some Vitaminwater bottles may be in violation of FDA regulations since the drink “achieves its nutritional content solely through fortification that violates FDA policy.” The judge thinks Coke could be violating the so-called jellybean rule, which says that a food- or drinkmaker cannot load otherwise unhealthy products with vitamins or other nutrients in order to claim it is healthy. …

If you are unable to resolve your consumer complaint and it involves issues of unfair dealing, consumer fraud or deception, our private consumer protection law firm can bring and individual or class action lawsuit in the right case to protect your rights and those of other consumer victims.

Our Chicago class action attorneys handle individual and class action predatory lending, unfair debt collection, lemon law and other consumer fraud cases that government agencies and public interest law firms such as the Illinois Attorney General may not pursue. Class action lawsuits our law firm has been involved in or spear-headed have led to substantial awards totalling over a million dollars to organizations including the National Association of Consumer Advocates, the National Consumer Law Center, and local law school consumer programs. The Joliet consumer class action lawyers at DiTommaso Lubin Austermuehle are proud of our achievements in assisting national and local consumer rights organizations obtain the funds needed to ensure that consumers are protected and informed of their rights. By standing up to consumer fraud and consumer rip-offs, and in the right case filing consumer protection lawsuits and class-actions you too can help ensure that other consumers’ rights are protected from consumer rip-offs and unscrupulous or dishonest practices.

Our Chicago class action attorneys provide assistance in fair debt collection, consumer fraud and consumer rights cases including in Illinois and throughout the country. You can click here to see a description of the some of the many individual and class-action consumer cases we have handled. A video of our lawsuit which helped ensure more fan friendly security at Wrigley Field can be found here. You can contact one of our Oak Brook consumer law attorneys who can assist in lemon law, unfair debt collection, predatory lending, wage claims, unpaid overtime and other consumer, consumer fraud or consumer class action cases by filling out the contact form at the side of this blog or by clicking here.