"Companies may not market products with claims that are not supported," Massachusetts AG Martha [image-nocss] Coakley said. "With obesity becoming a public health crisis, companies have a duty to promote products accurately and responsibly so that consumers can make informed decisions."
In 2007, the coalition of AGs began an investigation into Coca-Cola/Nestle's statements that drinking Enviga would result in weight loss. Specifically, the companies claimed that drinking three cans of Enviga daily would result in increased calorie burning of 60 to 100 calories per day; however, the study relied upon by the companies ran for only three days and included only a small number of average weight, healthy 18 to 35 year olds. While a number of study participants did experience some additional calorie burning, they did not experience weight loss, the AGs said. Additionally, the study did not establish that the calorie burning effect could be sustained over time.
The settlement requires that in any marketing of Enviga or a similarly formulated beverage that uses the terms "the calorie burner," "negative calories," "drink negative" or makes any claims explicitly or implicitly that consumers will burn calories by drinking Enviga, there must be a clear and conspicuous disclosure that the product does not produce weight loss without diet and exercise.
Beverage Partners Worldwide debuted Enviga in late 2006 and rolled it out nationally in 2007. Enviga is available in three flavors-green tea, berry and peach-in the ready-to-drink (RTD) tea section at supermarkets, mass merchandisers, convenience and drug stores and club stores. It is sold in individual 12-oz. cans as well as six-can and 12-can multi-packs.
When the product rolled out, Connecticut AG Richard Blumenthal asked for evidence to support the calorie-burning claims. He has demanded copies of all scientific studies, clinical trials, tests or papers that support the calorie-burning claims, as well as information about any group that may have sponsored the studies.
States participating in the agreement are Alaska, Arizona, Arkansas, Connecticut, Florida, Georgia, Idaho, Illinois, Louisiana, Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan, Mississippi, Missouri, Montana, Nevada, New Jersey, New Mexico, North Carolina, Ohio, Oregon, Pennsylvania, Texas, Washington and the District of Columbia.
Click herefor previous CSP Daily News coverage.
Members help make our journalism possible. Become a CSP member today and unlock exclusive benefits, including unlimited access to all of our content. Sign up here.