Unsubstantiated calorie claim on green tea drink costs Coke $650K

Because Coca-Cola Co. and partner Nestle by were unable to substantiate claims that Enviga causes weight loss, the beverage has lightened the pockets of both companies by $650,000. The companies have just agreed to a settlement with 27 states over claims that Enviga green tea energy drink burns calories, resulting in weight loss.

Connecticut Atty. Gen. Richard Blumenthal said the claim might be “voodoo nutrition” in pursuing an investigation of the drink, which contains caffeine. As a result of the agreement, Coca Cola and Nestle are re-labeling Enviga to add disclosures and disclaim weight-loss benefits, Blumenthal told news media. Any marketing of Enviga or a similar beverage that uses the terms “the calorie burner,” “negative calories” or “drink negative” must clearly disclose that the product doesn’t lead to weight loss without diet and exercise, he said.

Coca-Cola made the claim of weight loss based on studies that it claimed showed that caffeine combined with the green-tea antioxidant, EGCG, can increase calorie consumption.  Two years ago, the Center for Science in the Public Interest sued Coke and Nestle over the Enviga claims which it asserted were based upon “a 72-hour Nestlé-funded study of 31 people who were given a drink containing amounts of EGCG and caffeine equivalent to three cans of Enviga.”  CSPI claimed this study was insufficient substantiation for the calorie burning claims.  To read the complaint, click here.

Coca-Cola introduced Enviga in the United States in November 2006.  Since then the drink has come under scrutiny for its claims.

About 

Joel B. Rothman represents clients in intellectual property infringement litigation involving patents, trademarks, copyrights, trade secrets, defamation, trade libel, unfair competition, unfair and deceptive trade practices, and commercial matters. Joel’s litigation practice also includes significant focus on electronic discovery issues such as e-discovery management and motion practice relating to e-discovery.

Joel B. Rothman represents clients in intellectual property infringement litigation involving patents, trademarks, copyrights, trade secrets, defamation, trade libel, unfair competition, unfair and deceptive trade practices, and commercial matters. Joel’s litigation practice also includes significant focus on electronic discovery issues such as e-discovery management and motion practice relating to e-discovery.

Related posts

One Comment;

  1. Andrew said:

    Living in Japan I drink plenty of green tea. I’ve never seen a sparkling green tea before though. Sounds interesting with or without the weight loss. Mind you, it doesn’t sound very Japanese!

Top