Attorney General Martha Coakley Announces Multi-State Settlement Resolving Unsubstantiated Enviga Weight Loss And Calorie-Burning Claims

Main Category: Litigation / Medical Malpractice
Article Date: 27 Feb 2009 - 2:00 PDT

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Attorney General Martha Coakley's office, along with 26 other Attorneys General and the District of Columbia, announced a settlement with Coke, Nestle and Beverage Partners Worldwide (Coke/Nestle). The settlement, entered in Suffolk Superior Court today, resolves claims relating to Coke/Nestle's statements that Enviga, a green tea beverage, causes weight loss by burning more calories than it contains. The companies have agreed to pay $650,000 to the states and add prominent disclosures to Enviga's packaging. Under the terms of the settlement, the Massachusetts Consumer Aid Fund will receive $15,800.

"Companies may not market products with claims that are not supported," Attorney General Martha 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 Attorneys General began an investigation into Coke/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 18-35 year olds. While a number of study participants did experience some additional calorie burning, they did not experience weight loss. Additionally, the study did not establish that the calorie burning effect could be sustained over time.

The settlement reached between the Attorneys General and Coke/Nestle 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.

States participating in today's agreement are: Connecticut, Alaska, Arizona, Arkansas, 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.

The settlement was handled by Assistant Attorney General Emily Paradise, Legal Analyst Alexis Prieur and Division Chief Quentin Palfrey of Attorney General Coakley's Health Care Division.

Jill Butterworth
Deputy Press Secretary
Office of Attorney General Martha Coakley
http://www.mass.gov/ago