Coca Cola and Nestle Will Have to Pay For Misleading Claims on Enviga

By: Tanya Taylor, PhD | Mar 3, 2009

Enivga Nestea Sparkling Green Tea In 2007, the Connecticut Attorney General, began an investigation into questionable claims that drinking Enviga, a green tea beverage (which we reviewed), will burn more calories than it contains and implying that consuming the product can lead to weight loss. In a settlement announced recently, Coke, Nestle and Beverage Partnership Worldwide (BPW) have agreed to pay $650,000 to settle a lawsuit over claims that Enviga burns extra calories resulting in weight loss, announced Connecticut Attorney General Richard Blumenthal.

The AG, working with Department of Consumer Protection Commissioner Jerry Farrell, Jr., led a coalition of 26 states and the District of Columbia in the settlement that also provides more than $100,000 to Connecticut's General Fund [Source].

The companies have agreed to relabel Enviga and any similar products to add disclosures and to disclaim any weight-loss benefits. The disclaimer must note that weight loss is only possible through diet and exercise.

"Enviga's implied weight loss claims were scientifically weightless - unsupported by solid evidence," Blumenthal (Connecticut's AG) said. "Enviga is no magic potion, capable of cutting pounds without pain. The larger message is that pound cutting claims are easy to swallow, but ultimately unsatisfying. Consumers deserve unadulterated truth--on food product labels as well as contents."

Coca Cola was also recently sent a "warning letter" by the FDA for claims on Diet Coke Plus and they are being sued by CSPI in a class action lawsuit for unsubstantiated claims on VitaminWater.

Comments

Wed: March 4, 2009
Cereal said:

It seems as though they're a little behind the curve when it comes to catching these things.

It looks like they already changed the Enviga web page by adding at the end of the small print: "weight loss requires a reduced calorie diet and regular exercise." It still has the information that drinking three cans a day can increase calorie burning by 60-100 calories in healthy normal weight 18-35 year olds. So it looks like they're still claiming it has the ability to allow you to burn extra calories. I don't see what was achieved if this is the result.

Wed: March 4, 2009
Tanya said:

Yes, I suppose $650,000 is not a lot for a company as big as Coca Cola, especially when all they have to do is add a disclaimer. Still, now that I'm paying attention, I find it interesting that Coke keeps getting in hot water for the same thing. Pattern of not caring about the 'rules'? Not sure yet, but I'm leaning that way.

Thu: March 5, 2009
Cereal said:

I don't know about Coca Cola not caring about the rules ,but from my point of view just about everything with a health claim seems well dishonest and at best strongly lacking in real evidence. Yet they seem to all get away with it so maybe Coca Cola thought they could as well.A question I have is why the current fervor over drinks?

I hope they plan on actually cleaning up the unfounded and sensationalized advertising,and aren't simply trying to grab some press by going after a big name like Coca Cola.

In short what Coca Cola did isn't new they spun a weak study to support their product. If this is the new standard for "false health claims" then other companies need to watch out.