The Coca-Cola Co has failed to win dismissal of a lawsuit accusing the company of misleading the public through health-related claims on bottles of its vitamin water beverage.

Judge John Gleeson of the US District Court in Brooklyn ruled that the suit, brought by the Center for Science in the Public Interest and consumers, should proceed despite Coca-Cola’s attempt to have it dismissed on technical grounds pertaining to the primacy of federal over state law.

Gleeson found the company’s challenge unconvincing and stated instead that vitamin water’s labels may violate the Food and Drug Administration’s labelling regulations.

Specifically, the use of the word ‘healthy’ could violate the FDA’s ‘jelly bean rule,’ developed to prevent food companies from encouraging the sale of ‘junk foods’ by fortifying them with nutrients, according to Gleeson’s 55-page ruling.

The rule restricts claims that use the word ‘healthy’ to suggest that a food, because of its nutrient content, may help consumers maintain healthy dietary practices, and it is possible that vitamin water des that, Gleeson found.

The judge’s ruling, issued on Wednesday, was received by Reuters.

‘The potential for confusion is heightened by the presence of other statements in vitamin water’s labelling, such as the description of the product as a vitamin enhanced water beverage and the phrases vitamins + water = all you need and vitamins + water = what’s in your hand, which have the potential to reinforce a consumer’s mistaken belief that the product is comprised of only vitamins and water,’ Gleeson said.

Company spokesman Scott Williamson defended Coke’s product, saying labels clearly informed consumers of its contents.

‘The court’s opinion was not a decision on the merits, but simply a determination that the case can proceed beyond the initial pleadings stage,’ he said.

‘We believe plaintiff’s claims are without merit and will ultimately be rejected.’ The case is Ackerman et al v Coca-Cola Company and Energy Brands Inc, No 09-cv-00395, US District Court for the Eastern District of New York.

REUTERS