NEWARK: Coca-Cola Co., the world’s largest soft-drink maker, was sued by a consumer who claims the company falsely markets its Enviga green tea as a drink that boosts metabolism and burns calories.
The complaint, which seeks class-action status, says Coca- Cola and joint venture partner Nestle SA can’t back claims that drinking three cans of Enviga per day burns between 60 and 100 calories. A person must burn 3,500 calories to lose one pound, said the complaint by Catherine Melfi of Medford, New Jersey.
“It would take 35 days of constant consumption of Enviga, 105 cans at a cost of about $146 (Rs6,464 at $1.39 per can), to possibly see even one pound of possible weight loss,” said the lawsuit filed on 20 February in federal court in Camden, New Jersey.
The complaint follows the announcement of a probe by Connecticut Attorney General Richard Blumenthal, who said on 5 February that Enviga’s calorie-burning claims “may be nothing more than voodoo nutrition.” The Center for Science in the Public Interest made allegations similar to Melfi’s in a lawsuit filed on 1 February in Camden’s federal court that asks a judge to bar false advertising of Enviga.
Melfi’s complaint differs in that it seeks refunds of any money obtained by the defendants in violation of the New Jersey consumer fraud act. It also claims that Coca-Cola and Nestle breached express and implied warranties on Enviga.
Coca-Cola, based in Atlanta, introduced Enviga last November in Philadelphia, New York and New Jersey, and launched the drink nationally this month. Coca-Cola’s joint venture with Vevey, Switzerland-based Nestle is known as Beverage Partners Worldwide.