In sum, plaintiffs’ allegations sufficiently state a claim that defendants have violated FDA regulations by making health claims about vitaminwater even though it does not meet required minimum nutritional thresholds, by using the word ‘healthy’ in implied nutrient content claims even though vitaminwater’s fortification does not comply with FDA policy, and by using a product name that references only two of vitaminwater’s ingredients, omitting the fact that there is a key, unnamed ingredient [sugar] in the product.
— Judge John Gleeson, thankfully denying Coca Cola’s motion to dismiss the lawsuit about deceptive marketing of Vitaminwater as a health drink.
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