OAKLAND, Calif. -- A California-based nonprofit group aimed at building healthy communities has filed a lawsuit against Coca-Cola Co. and the American Beverage Association (ABA) to stop what it calls "false and misleading marketing of sugar-sweetened beverages."
Citing the California Unfair Competition Law and False Advertising Law, the Praxis Project has requested the U.S. District Court of California enjoin the two entities to stop further "deceptive promotion" of "any carbonated or noncarbonated drink that is sweetened with sugar or high fructose corn syrup, or other caloric sweeteners, including soda, fruit drinks, teas, coffees, sports drinks and energy drinks." In particular, Praxis requests an end of promotions aimed at children younger than 12.
"For years, [the] defendants have engaged in a pattern of deception to mislead and confuse the public (and governmental entities that bear responsibility for the public health) about the scientific consensus that consumption of sugar-sweetened beverages is linked to obesity, type-2 diabetes and cardiovascular disease," the lawsuit filed Jan. 4 says.
"Coca-Cola, the leading manufacturer and supplier in the world of sugar-sweetened beverages, deceives consumers about their health impact. It does so independently, and also with the assistance of and through statements made by the American Beverage Association, a trade organization [that] Coca-Cola funds and materially directs."
Atlanta-based Coca-Cola Co. called the lawsuit legally and factually meritless.
"We take our consumers and their health very seriously and have been on a journey to become a more credible and helpful partner in helping consumers manage their sugar consumption," it said in a statement. "To that end, we have led the industry in adopting clear, front-of-pack calorie labeling for all our beverages. We are innovating to expand low- and no-calorie products; offering and promoting more drinks in smaller sizes; reformulating products to reduce added sugars; transparently disclosing our funding of health and well-being scientific research and partnerships; and do not advertise to children under 12.
"We will continue to listen and learn from the public health community and remain committed to playing a meaningful role in the fight against obesity."
The ABA, Washington, D.C., called the accusations in the lawsuit “unfounded.”
“America’s beverage companies know we have an important role to play in addressing our nation’s health challenges,” the association said in a statement. “That’s why we’re engaging with health groups and community organizations to drive a reduction in the sugar and calories Americans get from beverages. Unfounded accusations like these won’t do anything to address health concerns, but the actions we’re taking, particularly in areas where obesity rates are among the highest, can make a difference.”
The lawsuit also seeks to require Coca-Cola Co. and the ABA to publish all research previously conducted "that relates to the impact of exercise on health and obesity, as contrasted with consumption of sugar-sweetened beverages, or any other caloric intake," and require the defendants to fund a corrective public-education campaign to reduce the consumption of sugar-sweetened beverages.
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