Judge: Lawsuit against Deceptive Vitamin Water IS Justified

Late last week a federal judge ruled in favor of consumers when he allowed a lawsuit against Vitamin Water to proceed. The lawsuit was filed in early 2009 by the advocacy group Center for Science in the Public Interest (CSPI). The group sued parent company Coca Cola on the grounds of fraudulent and misleading health claims, as if Vitamin Water had the ability to cure disease. Coke’s motion to dismiss was denied.

From the ruling:

Judge John Gleeson of the U.S. District Court for the Eastern District of New York found that the company’s use of the word “healthy” violates the Food and Drug Administration’s regulations on vitamin-fortified foods. The FDA’s so-called “Jelly Bean” rule prohibits companies from making health claims on junk foods that only meet various nutrient thresholds via fortification. The judge also found that vitaminwater’s claim on the “focus” flavor of vitaminwater that it “may reduce the risk of age-related eye disease” runs afoul of FDA regulations.

The judge also took note of the fact that the FDA frowns upon names of products that mention some ingredients to the exclusion of more prominent ingredients such as, in the case of vitaminwater, added sugar. The names of the drinks, along with other statements on the label, “have the potential to reinforce a consumer’s mistaken belief that the product is comprised of only vitamins and water,” Gleeson wrote. read more…

What you need to know:

Genius marketing propelled Vitamin Water to super-health-drink status in the past few years. How else can you explain hundreds of millions of bottles of water+sugar+colors+multivitamin sold?

Kudos to CSPI for watching our backs. A personal, 20 oz bottle of Vitamin Water, with 8 (EIGHT!) teaspoons of added sugar) cannot rightfully be considered a healthy beverage.

While CSPI and the judge are tackling the front of package claims and wording, the slick marketing has seeped into the ingredient list too, as we recently wrote:

Water is no longer water – it’s “reverse osmosis water”. The sugar is all dressed up and dandy too – it comes in two flavors: “cane sugar” and “crystalline fructose”. And so forth…

What to do at the supermarket:

The healthiest drink is plain water. Not vitamin water, not smart water, and not clever water. Just plain old H2O without any additions. Even the plastic bottles are superfluous when you think about it. Tap water is your best bet.

Get Fooducated

  • bill

    Maybe I’m missing something but I never once saw a claim saying it can cure disease. I for one drink it because it’s quite tasty and their Zero Go-Go is great. The CSPI will bring a lawsuit against any company. Their founder once said “CSPI is proud of finding something wrong with practically everything.”

  • bill

    Good read for those that want the other side of the story about CSPI

    http://activistcash.com/organization_overview.cfm/o/13-center-for-science-in-the-public-interest

  • SJ

    Out of conversation, I do enjoy vitamin water for its refreshing thirst quenching attributes. I recently switched over to the ZERO line and am satisfied. The issue for me is sugar in any form. I am a water drinker, so for me the ZERO fits the bill for a little something different to do the trick without loading up on all “bad stuff.”

  • Slantendicular

    There’s a simple explanation for the popularity of vitamin water other than gnome marketing: the other stuff is banned. At an increasing number of universities, such as my own, the vending of bottled water is prohibited as an inducement for people to use drinking fountains. What really happens is that people forget their bottles at home and when they get to the vending machines, these drinks are the lowest glucose options on offer.

  • Carol

    Way before Coke bought Glaceau (Vitamin Water), it was a small company owned by a guy good at marketing and aware of the need for an alternative to overly sweet soft drinks and bottled teas. It was and still is a (slightly) better alternative… of course, that does not give them the right to use misleading and non-compliant nutrition/health claims (something Coke should be well aware of). As for the Zero line, I don’t see the attraction to fake-tasting calorie-free sweeteners, even when they are “natural,” if you can have real sugar with better taste and only get 50 calories per 8 oz serving (a small dent in the average daily caloric intake).

  • Stan

    The pity is that we have to have private consumer groups to protect us because the FDA is so corrupt and incompetent.

  • Rahn

    I disagree with tap water being the best bet. If you have ever been to Philadelphia. Drink, wash and look at the water that comes from the sink, you’d know. Life example: I attend a small university in the Poconos. For four years, my skin was fine and no asthma attacks. When I returned to philly smh. I began breaking out and prone to frequent asthma attacks! And I was exercising and using facial cleanse.

    We’re not safe anymore.