Could vitaminwater lawsuit leave product all washed up?

A federal judge denied a motion by Coca-Cola to dismiss a class-action lawsuit accusing the soft drink giant of deceptive advertising in its vitaminwater line, according to a press release from Center for Science in the Public Interest.

According to a Memorandum and Order published online, the plaintifs made twelve allegations.  Due to the length of each allegation, readers may view them in the accompanying movie.

Three of the twelve claims were dismissed without prejudice.

"Dismissal without prejudice means the claims are dismissed but can be refiled," explained Indianapolis attorney Dave Seiter.

The motion to dismiss the other nine was denied.

"Plaintiffs’ allegations sufficiently state a claim that defendants have violated FDA regulations by making health claims about vitaminwater even though it does not meet required minimum nutritional thresholds, by using the word ‘healthy’ in implied nutrient content claims even though vitaminwater’s fortification does not comply with FDA policy, and by using a product name that references only two of vitaminwater’s ingredients, omitting the fact that there is a key, unnamed ingredient [sugar] in the product,” wrote Judge John Gleeson of the U.S. District Court for the Eastern District of New York.

The ruling means the lawsuit will proceed, according to CSPI.

"“For too long, Coca-Cola has been exploiting Americans’ desire to eat and drink more healthfully by deceiving them into thinking that vitaminwater can actually prevent disease,” CSPI's litigation director Steve Gardner said in the press release.  “We look forward to representing all Americans whom Coke has deceived.”

CSPI filed the lawsuit in 2009, stating that the added sugar causes the drinks to "do more to promote obesity, diabetes, and other health problems than the vitamins in the drinks do to perform the advertised benefits listed on the bottles".

Coca-Cola had not responded to a call seeking comment by press time.  However, the company previously stated in a press release that the lawsuit was "ridiculous and ludicrous".

"Filing a lawsuit is an opportunistic PR stunt," the release read. "This is not about protecting the public interest. This is about grandstanding at a time when CSPI is receiving very little attention."

Shortly before press time, this Examiner bought a 20-oz. bottle of Power-C vitaminwater and a 20-oz. bottle of Coca-Cola Classic.  According to the product labels, an 8-ounce serving of the vitaminwater contains 13 grams of sugar while 8-ounce serving of Coca-Cola Classic contains 27 grams of sugar.  However, the bottle of Coca-Cola contains descriptions for "this package" as well as "standard serving", while the vitaminwater contained only the 8-ounce serving information.