Vitamin Water Is Not Healthy: Do you Feel Stupid?

The Coca-Cola company has been sued by non-profit watchdog, Center for Science in the Public Interest (CSPI) over its marketing of its popular “Vitaminwater” drink. In its complaint, CSPI alleges that Coke violated FDA regulations by making nutritional health claims about vitaminwater (you know, the one that Lebron and Kobe drink) when Coke knew that the drink did not meet required the minimum nutritional thresholds to make the claim. Coke uses the word ‘healthy’ to imply nutrient content claims and further implies, in the name of the product, that two of its main ingredients are vitamins and water and omitting a main, unnamed, ingredient, sugar. As such, the drink fails to comply with FDA standards.

What is absolutely astounding, however, is Coke’s defense. Coke, in essence, states that the public cannot possibly be stupid enough to believe Coke’s lies! You read that correctly. Coke’s defense is:

"no consumer could reasonably be misled into thinking vitaminwater was a healthy beverage."

This “defense” prompted Federal Judge John Gleeson, the judge presiding over the case, and hearing a motion to dismiss, to deny the motion and, instead, to accept the statement as an admission of the truth of the allegations made in the complaint. Said Judge Gleeson, a smart guy:

"At oral arguments, defendants (Coca-Cola) suggested that no consumer could reasonably be misled into thinking vitamin water was a healthy beverage…Accordingly, I must accept the factual allegations in the complaint as true." In other words, Coke admits that it lied.

Here’s what Steve Gardner, CSPI litigation director had to say:

“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…In fact, vitaminwater is no more than non-carbonated soda, providing unnecessary added sugar and contributing to weight gain, obesity, diabetes, and other diseases. We look forward to representing all Americans whom Coke has deceived.”

Go get’em, Steve! No doubt the U.S. Chamber of Commerce will rally to Coke’s defense. It, too, will call the public “stupid”, the lawsuit “frivolous” and another example of “lawsuit abuse”. The truth, you ask? There are far more “frivolous defenses” filed than “frivolous lawsuits”, far more “defense abuse” than “lawsuit abuse”. As the American Association for Justice correctly laments: Corporate defendants “delay, deny, confuse, and refuse” in almost every case, with the express intent to crush cash-starved plaintiffs into submission and inadequate settlements.

The defense in this case is refreshingly novel. Coke admits its’ wrongdoing; it admits it lied to the American people. The company argues that it’s okay for a corporation to lie about its products, as long they can claim that nobody is stupid enough to believe the lies that they peddle. Essentially, Coke states, that we, the public cannot possibly be stupid enough to believe Coke’s lies, can we? I, for one, feel really stupid! Any other stupid people out there?

Mark Bello has thirty-three years experience as a trial lawyer and twelve years as an underwriter and situational analyst in the lawsuit funding industry. He is the owner and founder of Lawsuit Financial Corporation which helps provide cash flow solutions and consulting when necessities of life litigation funding is needed while litigation is pending. Bello is a Justice Pac member of the American Association for Justice, Sustaining and Justice Pac member of the Michigan Association for Justice, Business Associate of the Florida, Tennessee, and Colorado Associations for Justice, a member of the American Bar Association, the State Bar of Michigan and the Injury Board.