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TRENTON
– Attorney General Anne Milgram announced
today that New Jersey has entered into a multi-state
settlement agreement with Coke, Nestle and
Beverage Partners Worldwide (BPW) that resolves
questionable claims about Enviga, a green
tea beverage marketed by the companies as
able to burn extra calories resulting in weight
loss.
Under terms of the settlement agreement, Coke,
Nestle and BPW have agreed to add disclaimers
to Enviga, and any similarly formulated product,
noting that the drink does not facilitate
weight loss, and that weight loss is only
possible through diet and exercise. The companies
will also pay a total of $650,000 to the participating
states.
In 2007 the states began an investigation
into claims – both direct and implied
– made on behalf of Enviga that drinking
the carbonated beverage would burn more calories
than it contains, thereby resulting in weight
loss. Specifically, marketing claims for Enviga
represented that drinking three cans in a
day would result in increased caloric burning
of up to 60-to-100-calories.
However,
the only study cited by Coke and Nestle to
buttress their claims – known as the
Rudelle Study -- was conducted over a mere
three days, and consisted of a small group
of weight-healthy persons between 18 and 35
years of age. While a number of study participants
experienced increased calorie burning, they
did not experience weight loss. In addition
the Rudelle Study, which was commissioned
by the companies themselves, failed to show
that any calorie-burning effect could be sustained
over time.
“Consumers
deserve accurate, reliable information about
the products they purchase, particularly when
it comes to foods and beverages that are represented
to have positive health-related effects such
as weight loss,” Attorney General Milgram
said.
“This settlement will ensure that ,
when it comes to Enviga, consumers know what
they are getting and, just as importantly,
what they are not getting,” Milgram
added. “We are committed to protecting
New Jersey consumers, and to holding those
who manufacture and sell products accountable
for their claims.”
The multi-state settlement announced today
applies to the marketing of Enviga or any
similarly formulated beverage. It requires
that, when terms such as “calorie burner,”
“negative calories” and “drink
negative” are used, or when explicit
or implicit claims are made that consumers
will burn calories by drinking the product,
there must be “clear and conspicuous”
disclosure that it does not produce weight
loss without diet or exercise.
In addition to New Jersey and lead state Connecticut,
states participating in the settlement agreement
include Alaska, Arizona, Arkansas, Florida,
Georgia, Idaho, Illinois, Kansas, Kentucky,
Louisiana, Maine, Maryland, Massachusetts,
Michigan, Mississippi, Missouri, Montana,
Nevada, New Mexico, North Carolina, Ohio,
Oregon, Pennsylvania, Texas, Washington and
the District of Columbia.
Deputy
Attorney General Gina Betts, assigned to the
Division of Law’s Consumer Fraud Prosecution
section, handled the Enviga matter on behalf
of the state.
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