Class Action Suit Against Coca Cola For Alleged Vitaminwater False Claims

by Long Island Attorney Paul A. Lauto, Esq.

The Center For Science In The Public Interest (CSPI), is a non-profit organization that brought a class action lawsuit against Coca Cola for alleged fraudulent labeling and advertising of Vitaminwater. The lawsuit maintains that Coca Cola has used false marketing to claim that Vitaminwater is a healthy alternative to plain water and sugary soda beverages. Further, that Vitaminwater claims to help boost immunity and fight eye disease.

Michael F. Jacobson, Executive Director of CSPI, maintains that "The marketing of Vitaminwater will go down in history as one of the boldest and brashest attempts ever to affix a healthy halo to what is essentially a junk
food, a non-carbonated soda...Vitaminwater, like Coca Cola itself, promotes weight gain, obesity, diabetes, heart disease, and cannot deliver on any of the dishonest claims it has made over the years." CSPI further maintains that many Vitaminwater drinks consist of 99.5% water, crystalline fructose and sugar. Crystalline fructose is essentially a more processed version of high-fructose corn syrup, which research has linked to a whole host of serious health problems.

In a failed attempt to get the suit dismissed, defendants essentially argued that no reasonable consumer could have been misled by Vitaminwater labeling and believe the drink to be healthy, because the sugar content is listed on the label. The court did not agree with defendants' argument and denied their motion to dismiss. The case will now proceed and is on track for a jury trial.