Vitaminwater Lawsuit Proceeds


None - A federal judge has denied a motion by the Coca Cola company to dismiss a lawsuit against it over its "Vitaminwater" line of drinks.

The Center for Science in the Public Interest filed the lawsuit in 2009, The judge says Vitaminwater's labels could violate the Food and Drug Administration's labeling rules.

The judge says the word "healthy" could violate the so-called "jelly bean rule" that's supposed to stop makers of "junk food" to encourage sales by adding nutrients.

In a 55-page opinion, Gleeson also took issue with the Vitaminwater's name, which fails to identify sugar as a key ingredient in the drink, though it is listed in nutrition information on the bottles.

Coca-Cola spokesman Kenth Kaerhoeg said the court's opinion "was not a decision on the merits, but simply a determination that the case can proceed beyond the initial pleadings stage. We believe plaintiff's claims are without merit and will ultimately be rejected."

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