26 January 2013
Article by Michael Bradley
The drink vitaminwater leaves out one key ingredient from its
name: sugar. 31 - 32 grams of it per bottle to be exact. In 2009
individuals on behalf of the Center for Science in the Public
Interest filed a class action in the United States against
Coca-Cola over its subsidiary's product vitaminwater. Loaded
with sugar, the plaintiffs claimed that the product's name and
statements like 'vitamins + water = all you need' and
'this combination of zinc and fortifying vitamins can...keep
you healthy as a horse' were misleading consumers by suggesting
that they were making a healthy choice.
Coca-Cola sought to have the motion dismissed in 2010.
Surprisingly, Coca-Cola argued that no reasonable person would
really think that vitaminwater was healthy. This is a renowned
defence known as puffery, dating back to the famed Carlill v
Carbolic Smoke Ball Company case of the 1800s. Sometimes companies
make statements relating to their products that are so ridiculous
and outlandish that no one would actually believe them, bypassing
accusations of the statements being misleading. CocaCola claimed
that the name 'vitaminwater' would not mislead consumers
and that if there was any doubt, once anyone actually tasted it, it
would become obvious that the drink was packed with sugar.
That didn't work. The case is going to trial, and Coca-Cola
will have to come up with a niftier argument than "oh come on,
everyone knows our drinks have more sugar than a cane
plantation". We reckon they'll lose, and they'd lose
here too if anyone could be bothered having a go.
We do not disclaim anything about this article. We're
quite proud of it really.
Specific Questions relating to this article should be addressed directly to the author.
http://mondaq.com/australia/x/217902/Consumer+Law/Vitamin+water+litigation+misleading+advertising+class+action
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