Jellybeans to You

By ACSH Staff — Jul 27, 2010
A judge is allowing a federal lawsuit to go forward against Coca-Cola for making health claims about its Vitaminwater brand.

A judge is allowing a federal lawsuit to go forward against Coca-Cola for making health claims about its Vitaminwater brand. Coke was sued by the Center for Science in the Public Interest and others for supposedly deceptive advertising; the judge's ruling highlights the so-called FDA "jellybean" rule forbidding food makers from adding nutrients to foods without significant amounts of them (such as jellybeans) to make health claims.

"I don't know why they're going after Vitaminwater," ponders Dr. Whelan. "What about Diet Coke Plus and all the other drinks with vitamins in them? Why did they pick on Vitaminwater? It's been around for over five years."

Cadbury Schweppes' calcium-enriched 7 Up Plus was one of the first fortified drinks on the market; Stier touted it in a blog post six years ago, arguing that fortified sodas could be a healthy development for consumers who might not otherwise get enough of certain nutrients, such as calcium, among others.