The lawsuit over Vitaminwater is now expected to be heard

The lawsuit over Vitaminwater is now expected to be heard

The Coca-Cola Co could be forced to change its marketing for Vitaminwater after a US federal judge recommended a class-action lawsuit over alleged "unsubtantiated" claims around the brand should proceed, according to reports. 

Judge Robert Levy said consumers will not be able to sue the company for damages, but make Coca-Cola change the way its labels and markets the product, Reuters reported yesterday (18 July). However, the lawsuit still has to have approval from a district judge before it goes ahead. 

Coca-Cola first attempted to have the lawsuit dismissed in 2010, but failed in its attempts.  

New York and California residents, backed by the Center for Science in the Public Interest, accuse the company of making “deceptive and unsubstantiated” claims, such as the product being a healthy alternative to water and sugary soft drinks. 

In an emailed statement to just-drinks, a Coca-Cola spokesperson said: “We are very gratified that magistrate Judge Levy recommended denying class certification as to all monetary damages claims alleged by plaintiffs.

"We firmly believe the plaintiffs’ claims are without merit and will ultimately be rejected."