Celebrity endorsements nothing more than hype?
I have been drinking 50 Cent’s Vitaminwater believing I could gain some hard-core cuts like my man. Now I know why instead of cuts I got more gut. A federal judge ruled this week that Vitaminwater is really just a sugary snack food; non-carbonated fruit Coke disguised as a sports drink.
Because it’s composed mostly of sugar and not vitamin-laden water, 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.
Judge John Gleeson held that Vitaminwater’s absurd marketing claims were likely to mislead consumers.
Coke tried to explain away claims like “vitamins + water = all you need” as “only puffery.” The judge disagreed.
In fact Judge Gleeson went on to clarify his ruling by saying: “By including the suggestion that the product will ‘keep you healthy’ or ‘help bring about a healthy state of physical and mental being’ alongside such statements, the quoted language implies that the nutrient content of Vitaminwater may help consumers maintain healthy dietary practices. I conclude, therefore, in light of the language and context in which they are used, that the statements on the ‘defense’ and ‘B- Relaxed’ labels constitute implied nutrient content claims which use the word ‘healthy.’ Such claims are in violation of FDA regulations because . . . Vitaminwater achieves its nutritional content solely through fortification that violates FDA policy.”
The ruling rejected Coca-Cola’s motion to dismiss a class action suit brought by the Center for Science. The case should now be clear for trial, although it could settle if Coke is willing to change Vitaminwater’s name to something less misleading.
Well, the Center for Science may not be interested in suing but I know quite a few brothers and sisters who will join my class action suit against Coke, 50 Cent, and all those corner stores that charge $3.00 for this sugar water. Holla at your boy. –l. martin johnson pratt
