• by Nina Lentini  @Nina_Lentini, December 5, 2006

The Center for Science in the Public Interest is warning Coca-Cola and Nestle that it will sue them if they continue to market Enviga with the claim that it burns more calories than it provides and will lead to weight loss.

Enviga is a new carbonated green tea beverage. It is being introduced in test markets in the New York City and Philadelphia metro areas, and will launch nationwide in early 2007. It comes in green tea, peach, and berry flavors with a suggested price of $1.29 to $1.49 per 12-ounce can.

In the past two years, CSPI's litigation project has sued KFC for using partially hydrogenated oils, PepsiCo for misleading labeling of several Tropicana drinks, Whole Foods Market for selling a meat substitute called Quorn that causes adverse reactions, and other companies.

However, as in the case of Enviga, CSPI often chooses to warn a company prior to filing a lawsuit, and solve the problem without litigation. In various cases involving labeling or advertising, CSPI has reached agreements with Pinnacle Foods, Quaker, Frito-Lay, and others. CSPI withdrew from the KFC lawsuit after the company switched to trans-fat-free cooking oil.

The FDA will hold a hearing today to explore how it should handle the labeling and health claims for functional foods such as Enviga and Mars' CocoaVia chocolate bars that it says have "real heart benefits."

The agency issued a rare warning letter to Mars, calling the claim "false and misleading" because the bars also include "high levels of saturated fat."

At today's hearing, the CSPI will again urge the FDA to crack down on claims made by energy drink manufacturers and other marketers of functional foods.

"The relationship between saturated-fat intake and the risk of coronary disease is well established," the FDA wrote to Mars' Master Foods division.

While there is no legal definition for functional foods, the FDA said it is looking at conventional, fortified, enriched or enhanced foods that claim health benefits or desirable physiological effects beyond basic nutritional value.

The Government Accountability Office estimated that functional-food sales will reach $49 billion by 2010, up from $16.2 billion in 1999.

Roger Clemens of the Institute of Food Technologists, a nonprofit scientific organization for those working in the food industry, academia and government, said he doesn't believe the system is being gamed to mislead the public. "In the food world, I don't see the abusiveness," he said.

He called on the FDA to offer a "measured response" that will "provide the opportunity for the food industry to invest and do research to develop more healthful products."

At the FDA meeting this week, the food industry will argue that the agency's rules are sufficient.