Coke's Motion to Drop Vitaminwater Suit Denied

A court case challenging the claims on popular Vitaminwater drinks as bogus and misleading will go forward after a judge denied Coca-Cola's attempts to dismiss the lawsuit.

Attorneys representing the health advocacy group Center for Science in the Public Interest and consumers from three states have accused Coca-Cola of using deceptive labeling on its Vitaminwater line of drinks, including claims that they reduce risks of disease.

Coca-Cola filed to have the lawsuit dismissed on technical grounds, but on Wednesday Judge John Gleeson of the U.S. District Court in New York said the case should proceed.

Gleeson said Vitaminwater's use of the word "healthy" violates Food and Drug Administration labeling rules. In a 55-page opinion, Gleeson also took issue with the Vitaminwater's name, which fails to identify sugar as a key ingredient in the drink. The names of the drinks "have the potential to reinforce a consumer's mistaken belief that the product is comprised of only vitamins and water," Gleeson wrote.

The product's name and labeling could "reinforce a consumer's mistaken belief that the product is comprised of only vitamins and water," Gleeson wrote.

"For too long, Coca-Cola has been exploiting Americans' desire to eat and drink more healthfully by deceiving them into thinking that vitaminwater can actually prevent disease," CSPI litigation director Steve Gardner said.

A representative for Atlanta-based Coca-Cola did not immediately return calls for comment.

[vitamin_water]

WE CHALLENGE ANY VITAMIN WATER ON THE PLANET - www.VitaminWaterKit.com
In a stunning blow to the Coca-Cola Company (owners of Vitaminwater),
a Federal Judge ruled that a class action lawsuit could proceed against
the company due to the misleading nature of its name and its health claims.
Coke had tried to dismiss the complaint saying... that the claims were just
puffery and that no one would actually believe that what it says on its
labels is actually true. Well Judge Gleeson of the Eastern District in NY
saw it otherwise in the case of Ackerman v. Coca-Cola and it could spell
big trouble for VitaminWater.
What It Means For VitaminWater: This could be the end of the brand
and I do not say that lightly. The court upheld claims that go to the very
heart of its marketing strategy: Its name is no good; its formula is
illegally fortified and its health claims are misleading. They must settle
and settle quickly. Otherwise if this case continues, the ugly truth about
its product will be learned of far and wide.
Each Vitamin Water Kit Contains:
One 32 oz bottle of great tasting high potency vitamin water concentrate loaded with all of the 13 vitamins the FDA states your body requires daily at 125% the recommended dose combined with loads of additional minerals and antioxidants.
One 20oz Reusable Sport Water Bottle.
Suggested Daily Dose: 1oz Dose Per Day.
Directions: Add 1oz dose per day of Herbally Pure liquid
vitamins to container, fill with cold water, shake and drink.
Wash bottle after each use. Refill this reusable bottle with
cold water during the day to help you stay hydrated.
www.VitaminWaterKit.com the NEW Vitamin Water.

[CrystalC22]

This is absolutely ridiculous. Of course coke has shameless advertising, they're a company who has to sell it's product. A lot of beer commercials imply that if you pick their brand, women will like you more. It's ******* advertising.

If people everywhere are too stupid to READ A LABEL before assuming that what you're eating is healthy, then we have much bigger issues than the name of this beverage.

[rf35]

Well, I don't like Coke and I don't drink Vitaminwater. I also don't see what is so wrong with the name. When a new product comes out that I may be interested in, I always check the label before buying it. In the case of Vitaminwater, I checked the label and rejected it. How hard is that? In the judge's opinion, apparently too hard for the average American. And these CSPI mooks are getting out of hand. Speaking of deceptive names, maybe they should be required to change their name to Center for Science in the Special Interest!

[hdc77494]

So the nanny state activists want to extract a few million from Coke, telling the court people are too stupid to read the label themselves.

[ellensmithee]

Nice to hear the FDA is waking up at the wheel. They've been asleep for a long time allowing corporations to kill us.

Commercials are mind-control devices.
Do not fool yourselves into thinking anything else. They will lie, lie, lie until we make them stop.

[VBnews]

It has water in it. Its has vitamins in it. If your too F-ing stupid to read whats in something you eat and drink then go kill yourself. I mean really, does redbull really have bull in it? Does MellowYellow contain actual 'mellow'? Its time for the citizens of this country to take some ******* responsibility for themselves...

[ellensmithee]

I got to agree, VBnews. People are complete morons about the things they put in their faces. For some reason, they think if it can make it to an American shelf, it is safe. This can't be further from the truth. Corporations use Americans for guines pigs. And stupid guinea pigs, they are.

[arianna1968]

I hate to defend Coca Cola Corporation - but this appears to be a hit job on them by the uber-left Center for Science in the Public Interest as a favor to Pepsi. Pepsi has favored-corporation status as part of the U.N. crowd that is helping to fund the push for open borders,climate taxes, and one-world government. If Coke loses this case, I hope they sue to have Pepsi change the name of Mountain Dew to "Yellow corn syrup".

[Healthy_Idea]

Vitamin water isn't as bad for you as Coke, but it's not a health food, either. I read about this over-hyped sugar water here:
http://www.healthyfitnessidea.com/wp/%20/2010/05/24/is-vitaminwater-good-for-you-or-too-good-to-be-true.html

[rwsmith29456]

The elixir salesmen are alive and well and people still believe them.

[sgotrl]

As far as I'm concerned, anyone who thinks that ANY drink put out by Coke could actually be HEALTHY deserves what they get. Next thing they will demand that: Jersey politicians act honestly or Insurance companies think of the health of their clients as opposed to the bottom line, and so forth. Eat fruits and vegetables and drink water..THAT is how you get vitamins and water. STOP thinking that any large company is honest. They are only out to scam you and take your money Deal with it!! Coke mislead you..cry me a river!! They're SUPPOSED to misdirect..thats what they DO!!