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Attorneys general settle with green-tea beverage makers (access required)

by IBR Staff
Published: February 26,2009
Time posted: 1:00 am

Idaho Attorney General Lawrence Wasden has joined 27 other attorneys general in a settlement with Coca-Cola, Nestle and Beverage Partnership Worldwide, the makers of a green tea beverage called Enviga.

The Idaho Attorney General’s office said in a statement that the settlement resolves questions about the marketing of Enviga, which implied that drinking the beverage would burn extra calories, resulting in weight loss.

The settlement reforms marketing that implies or states that consumers will burn calories by drinking Enviga, or similar products, by requiring that such advertising include a clear and conspicuous disclosure that the product does not produce weight loss without diet and exercise. The companies also will pay $650,000 to the states including $15,800 to Idaho.

Attorneys general in 2007 began an investigation into questionable express and implied claims that drinking Enviga will burn more calories than it contains, thereby resulting in weight loss.

Specifically, marketing claims for Enviga purported that consuming three cans in a day would result in up to 60 to 100 more calories burned per day. However, the study cited by the companies ran for only three days and consisted of a small group of normal-weight, healthy 18-35 year olds. While some study participants did experience some additional calorie burning, they did not experience weight loss.

“When manufacturers make or imply claims relating to health, the public should be able to rely on solid science to back up those claims,” Wasden said. “When the science isn’t there, responsible marketers will change their marketing practices, as Coca-Cola and its partners have done in agreeing to this settlement.”

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