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. …

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