Coca-Cola Sued Over Deceptive vitaminwater Claims

Posted: 1/15/2009 11:18 AM  6 Comments |  Email
Tagged Companies: Coca Cola Company

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Class Action Lawsuit Alleges Deceptive Advertising Claims


NEW YORK, Jan. 15 /PRNewswire/ -- A class action lawsuit was filed late yesterday in the United States District Court for the Northern District of California against the Coca-Cola Company alleging that Coca-Cola has used deceptive advertising in marketing its VitaminWater line of beverages. The plaintiff is represented by Whatley Drake & Kallas, LLC ("WDK"), Reese Richman LLP, and the Center for Science in the Public Interest (CSPI).

The complaint alleges that Coca-Cola deceived consumers by marketing VitaminWater as a healthy alternative to soft drinks formulated to provide a host of health benefits including reducing the risk of certain diseases, promoting healthy joints, and supporting optimal immune function. Contrary to Coca-Cola's claims of health benefits, the complaint alleges that the 33 grams of sugar in each bottle of VitaminWater may contribute to serious health problems, such as obesity and diabetes.

"Consumers are increasingly health-conscious, with more and more people avoiding soft drinks in favor of healthier alternatives," said WDK attorney Patrick Sheehan. "Coca-Cola has taken advantage of that trend -- and of consumers -- by purposefully misrepresenting their product as 'healthy' when in fact it is essentially sugar water with a few added vitamins. Consumers should not have to look beyond the misleading claims on VitaminWater labels in order to discover the truth on an ingredients list."

VitaminWater does not name Coca-Cola anywhere on its packaging or labeling, instead marketing these purportedly healthy drinks without any reference to the soft drink manufacturer that produces them.

"It's clear that Coca-Cola has attempted to market an alternative to its soda products in a way that deliberately deceives consumers," continued Sheehan. "Whatley Drake & Kallas is proud to be playing a role in protecting those consumers through this class action suit filed on their behalf."

WDK is a 35-attorney law firm with offices in New York, Birmingham and Boston that primarily represents consumers, injured workers, unions and small businesses and is known for its work on class action suits, including recent products liability cases involving lead-contaminated toys sold by Mattel and baby bottles containing the dangerous chemical bisphenol-A sold by a variety of manufacturers. In November, 2007, WDK was named to the prestigious National Law Journal's Plaintiffs' Hot List.

Source: Whatley, Drake & Kallas, LLC

This is such BS. I hope Coke wins and sues back for legal fees and damages.

IP Address: 96.23.170.54 | Report This Comment

I think this is overdue. Naming a product "vitamin water" does not make it healthy. The product is exquisitely marketed, but nowhere near healthy. I generally disagree with opportunistic litigation, but how else can we enforce accountability and responsibility?

IP Address: 12.10.219.40 | Report This Comment

I think this is just another case of someone trying to get a quick buck. If this were a serious law suit, why didn't they include Pepsi for it's Sobe Life Water. Same kind of product, same claims, different name. Until our court systems start to weed out ridiculous frivolous law suits this kind of thing will keep happening. I hope Coke wins and makes this persons name public so that we can post there picture with devil horns. Who ever has filed this lawsuit ought to be ashamed of them self.

IP Address: 24.111.187.136 | Report This Comment

Poeple have a choice when purchasing beverages. If a consumer reads the label, they will see that Vitamin Water contains 33g of sugar! They then have a choice to make..buy it or not buy it! Coke should not be heald responsible for the choices of consumers.

IP Address: 75.214.105.225 | Report This Comment

Have to go with Dude on this one. Just looked at the VitWat in my fridge. All ingredient totals are (by law) clearly labeled on the bottle along with total vitamin and %'s. Total sugar listed at 13 mg of cane sugar not HFCS. Nothing disingenuous about this. Only to the litigious minded. I'm a regular drinker of this (as well as my kids) and I don't particularly think of it as healthy but like the fact it is flavored, contains vitamins and has less sugar than other drinks. Compare this to the 100% pineapple juice from Dole. Significantly more sugar (double in smaller serving) and calories than VitWat. Are fruit juices next on the lawsuit list?

IP Address: 69.153.143.66 | Report This Comment

just another way raise the cost of doing business and products and put money into lawyers pockets. Label is legal and ingredients are clear. Consumers need to be smart and accountable for their choices... even me! Funny that nobody filed suit when this product was owned by Glaceau.

IP Address: 68.231.88.189 | Report This Comment

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