"They added vitamins to crap," says Stephen
Gardner, chief litigator for CSPI. "And it's still crap. Consumers shouldn't have to assume that the front of a label is a lie. You cannot deceive in the big print and tell the truth later."
Judge John Gleeson says that the health claims on some Vitaminwater bottles may be in violation of FDA regulations and he also thinks Coke could be violating the so-called jellybean rule: you
can't say a jellybean fights heart disease because it contains no cholesterol.
Coke believes it will prevail in the end. "Vitaminwater is a great-tasting, hydrating beverage with essential vitamins and water -- and [has] labels clearly showing ingredients and calorie content," it says. "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."