Coke Suit: Vitaminwater Advertising Leaves a Bitter Taste

In Canada, a class action lawsuit has been filed against Coca-Cola and Energy Brands, claiming that the companies misrepresent their "Vitaminwater" as a healthy alternative to soft drinks, when in fact each bottle of the "fortified sugar water" has 33 grams of sugar, nearly as much sugar as a bottle of Coke.

The case was filed on behalf of Joshua Wilkinson, who said that he and other health-conscious consumers have been deceived by the companies' “taking a sugary snack food and claiming that the product provides certain (and often outlandish) nutritional benefits.”

He said consumers “would not have agreed to buy a vitamin-fortified junk food and certainly would not have consented to pay a premium price for it.”

The suit also takes exception to Coke and Energy Brands using the slogan “vitamins + water = all you need” when, in fact, the beverages contain not only vitamins and water but also sugar, a fact he alleged is not easily discernible from the product's labeling. Wilkinson also was miffed that the name Coca-Cola did not appear on the label, since he said this would have been a tip-off to consumers that Vitaminwater was a snack food rather than a health beverage.

Wilkinson cites five class actions in the United States and two others in Canada as evidence that others have fallen prey to the “false and misleading advertising” that led him to purchase the product in the belief that it would deliver measurable health benefits.

Besides punitive damages, the suit asks that all purchasers of Vitaminwater be awarded the difference between the sale price of vitaminwater and “a regular soft drink.”

Vitaminwater has also come under criticism from consumer groups in the U.S. In February, the National Consumers League called Vitaminwater's advertising "dangerously misleading."  A federal judge earlier said drink's labeling is deceptive, allowing litigation against it to proceed.