Enviga wins calorie-burning claims case

The New Jersey District Court dismissed the action of plaintiff Linda Franulovic because it found that she had not accurately enough documented her weight loss or gain while attempting to consume Enviga.

“Franulovic’s failure to monitor her weight and caloric intake also makes it impossible to prove with any legal certainty that any weight gain was the result of drinking Enviga,”​ the court action read. “Accordingly, she cannot show that Coca-Cola caused her any ascertainable loss.”​

The court said it did not have the authority to rule on the substantiation of the calorie burning claims themselves, or whether the New Jersey Consumer Fraud Act had been correctly interpreted and applied.

Franulovic herself replaced the Center for Science in the Public Interest (CSPI) as the plaintiff in an amended complaint after the CSPI first filed the suit in February 2007.

CSPI says no need to appeal​

The CSPI said it would not appeal the ruling, issuing a statement where it emphasized falling Enviga sales it attributed in part to a 2009 settlement reached with 27 states and the District of Columbia that saw it pay $650,000 and amending its calorie-burning claims.

According to Information Resources Inc, Enviga sales had fallen to around $4m in March this year from over $30m soon after its launch, with Coca-Cola officially delisting it to niche product status. It is outsold by a competing product called Celsius, which has not been targeted by CSPI.

The 2009 labeling amendments meant Enviga had to state that its calorie burning effects could only be achieved when the product was consumed as part of a healthy diet and lifestyle.

“We believe that the Court of Appeals erred in not letting a consumer pursue her claim about the demonstrably false advertising and labeling on these expensive and fraudulent drinks,”​ said CSPI litigation​ director Steve Gardner.

“But since the attorneys general cracked down and have since won modest labeling concessions, we won’t appeal. Consumers seem to have gotten the message that Coca-Cola does not have the science to back up its laughable ‘calorie burning’ claims for Enviga.”​

Coca-Cola was unavailable for comment at the time of publication.

Enviga’s calorie burning claims were predicated on the green tea constituent, EGCG (Epigallocatechin gallate​), plus 100mg of caffeine per can.

ECGC is commonly employed in weight management​ products for its ability to raise metabolism and as a Chinese Traditional Medicine is known for its arthritis​ and immunity​ benefits.

The four primary polyphenols found in fresh tea leaves are EGCG, epigallocatechin (EGC), epicatechin gallate (ECG), and epicatechin (EC).