Marketing of Vitaminwater

April 2016: A federal judge issued a decision granting final approval of the settlement.

January 2016: Plaintiffs moved for final approval of the settlement, which was preliminarily approved in October 2015. Later that month, TINA.org filed a brief as (Latin for “friend of the courts.”) A person or organization that is not a party to a lawsuit but has a significant interest in the case and offers information that may be important to the court’s determination. opposing the terms of the proposed settlement. For a summary of TINA.org’s legal efforts in this case, click here. To see TINA.org’s full brief, click here. A final fairness hearing is scheduled for February 26, 2016.

September 2015: Plaintiffs moved for preliminary approval of a settlement in a false advertising class-action lawsuit filed against The Coca-Cola Company over its marketing of Vitaminwater.

The complaint, which was originally filed in 2009, alleges that the company deceptively promotes Vitaminwater as being a “Nutrient Enhanced Water Beverage” and “vitamins + water = all you need,” as well as that specific flavors of the beverage will provide various benefits when, in reality, the beverage contains 33 grams of sugar (or almost as much sugar as a can of Coke), is “not a beneficial fortified drink,” and is “just another flavored, sugary snack food.”

According to the settlement terms, the company agreed to temporarily:

• Add certain information and disclaimers to the product label (including the amount of calories per bottle and the disclaimers “with sweeteners” and “see nutrition facts for more detail”); and
• Stop using specific statements (such as “vitamins + water + all you need” and “made for the center for responsible hydration”) on the product label.

The settlement does not provide consumers with any monetary relief.

A final fairness hearing is expected to be scheduled in early 2016.

(In Re: Glaceau Vitaminwater Marketing and Sales Practice Litigation (No. II), Case No. 09-cv-00395, E. D. NY.)

For more information about other class-action lawsuits regarding Vitaminwater and TINA.org’s coverage of the product, click here.