NCL Files FTC Complaint Against vitaminwater

Posted By elissa on Feb 5, 2011 | 2 comments

Alas, poor Coca Cola Company: its soda-like “vitaminwater” product is continuing to draw fire. Not only is the CSPI’s lawsuit moving forward, it may also have to tangle with the FTC… if the National Consumers League has its way.

The makers of vitaminwater are using claims to sell their products that are making consumer advocates call “foul.” In a new complaint to the Federal Trade Commission, NCL is calling advertising and labeling claims on vitaminwater products “dangerously misleading” and is urging the commission to halt deceptive statements being made by the manufacturer.

…In a formal complaint filed with the Federal Trade Commission in February 2011, NCL is pointing to print and television advertisements that suggest vitaminwater can replace flu shots or prevent illness and prey on consumers’ health concerns to sell a high-calorie product:

• A poster ad for “vitaminwater” that states: “flu shots are so last year” and pictures three varieties of vitaminwater under the banners “more vitamin c, more immunity . . .”
• A TV ad for “vitaminwater power-c” (read text of spot here) that depicts a woman who has so many unused sick days at work that she can take them to stay home and watch movies with her boyfriend. The ad states “One of my secrets? vitaminwater power-c. It’s got vitamin C and zinc to help support a healthy immune system. So I can stay home with my boyfriend – who’s also playing hooky.”

…The NCL complaint also urged the FTC to halt deceptive label statements for vitaminwater that describe the product as:

• a “nutrient enhanced water beverage” and that claim
• “vitamins + water = all you need”

According to NCL, the statements are deceptive because the products on which they appear are not simply made from vitamins and water, but are made with crystalline fructose or other forms of sugar, and contain 125 calories per bottle.

Here’s ABC news’ Dr. Richard Besser on the subject:

I think the NCL has Coca Cola nailed. According to Boston.com, the company “stands by its ad campaign,” but I doubt it will fly with the FTC, should the agency act on the complaint.

Let’s hope it does. While there are worse food/beverage products out there (like Coca Cola itself, lol), there’s no excuse for deceptive marketing, particularly when it comes to making health/disease prevention claims.