Vitaminwater's claim to fame -- that it's a healthy alternative to water and other sports drinks -- is about to get some serious scrutiny.
A federal judge shot down Coca-Cola's attempts to dismiss a lawsuit claiming the drink's labeling is deceptive, setting the stage for further litigation.
Judge John Gleeson, of the U.S. District Court for the Eastern District of New York, wrote a 55-page opinion asserting that Vitaminwater's name potentially "reinforce[s] a consumer's mistaken belief that the product is comprised of only vitamins and water," and ignores "the fact that there is a key, unnamed ingredient [sugar] in the product."
Judge Gleeson also said that labels touting the beverage as "healthy" violate the Food and Drug Administration's so-called "jelly bean rule." That rule, enacted in 1994, prohibits manufacturers from labeling a product "healthy" just because it has low levels of fat, cholesterol, and sodium. Rather, the "healthy" moniker is only acceptable if the product contains minimum levels of certain vitamins, protein, and fiber, among other things.
Drink comparable to Gatorade
The Center for Science in the Public Interest (CSPI), which is representing the plaintiffs, issued a statement endorsing the court's decision.
"Vitaminwater is no more than non-carbonated soda, providing unnecessary added sugar and contributing to weight gain, obesity, diabetes, and other diseases," the statement reads. "We look forward to representing all Americans whom Coke has deceived."
Indeed, despite Vitaminwater's health-conscious image, the truth is that the beverage isn't much better for you than competing sports drinks. Compare, for example, a 20-ounce bottle of grape-flavored Vitaminwater with an identical bottle of fruit punch-flavored Gatorade. An eight-ounce serving of either yields 50 calories -- meaning that a bottle of either drink packs 125 calories. (To put things in perspective, it takes a 150-pound woman, running a ten-minute mile, over ten minutes on the treadmill to burn that off.) And the Vitaminwater has only slightly less sugar per serving -- 13 grams to the Gatorade's 14.
Long line of CSPI suits
The suit is the latest in a long line filed by CSPI, which touts itself as the "organized voice of the American public on nutrition, food safety, health and other issues." The group gained publicity in June when it filed a lawsuit alleging that McDonald's heralded Happy Meals violate consumer protection statutes in several states by using toys to lure kids to eat "unhealthy junk food."
And last November, the organization named the Regal movie theater chain the "Best Supporting Actor in the Obesity Epidemic," after a CSPI-commissioned lab analysis found that a medium popcorn and soft drink from the theater contained 1,610 calories and 60 grams of saturated fat -- comparable, CSPI said, to "three McDonald's Quarter Pounders with 12 pats of butter."
