by Steve Gardner
The Center for Science in the Public Interest, working with private plaintiff firms Reese Richman, LLP and Whatley Drake & Kallas, were pleased to get a very well-considered opinion in our lawsuit against Coke involving vitaminwater (Coke uses the lower case, as does the Court, so I grudgingly do as well).
I say that the opinion is "well-considered" because the Court wrote thoughtfully and well on many nuances of the law involving FDA regulation of food labels and the interplay with state consumer protection law.
Of course, it's nice that the Court roundly rejected almost all of Coke's arguments.
In short, our lawsuit says that it's deceptive to call a sugar-water drink "vitamin"-anything and the opinion essentially agreed that this states a cause of action.