Attorney General Gansler Announces Settlement with Coke, Nestle, and Beverage Partners Worldwide
Agreement Settles Concerns Regarding Marketing of Enviga

BALTIMORE, MD (February 26, 2009) - Attorney General Douglas F. Gansler announced today that his Consumer Protection Division, along with the Offices of Attorneys General from 26 other states and the District of Columbia, has reached a settlement with Coca-Cola Company, Nestle USA, Inc. and Beverage Partners Worldwide North America (“BPW”) concerning their marketing of their caffeine and green tea beverage known as “Enviga.” Coke, Nestle, and BPW previously claimed that persons who drink Enviga can burn 60 to 100 calories per day and lose weight. The Attorneys General questioned the research that the companies claimed supported this claim.

Under the settlement reached with the Attorneys General, the companies have agreed to no longer claim that drinking Enviga will result in weight loss, to include disclosures in their marketing and labeling of Enviga and any similarly formulated product that they claim has “negative calories,” and to indicate that weight loss requires diet and exercise.

“Companies cannot claim that the use of their products will result in weight loss unless they possess adequate medical studies and research to support those claims,” said Attorney General Gansler.

The other states that are parties to the agreement are Connecticut, Alaska, Arizona, Arkansas, California, the District of Columbia, Florida, Georgia, Idaho, Illinois, Louisiana, Maine, Massachusetts, Michigan, Missouri, Montana, Nevada, New Jersey, New Mexico, New York, North Carolina, Ohio, Oregon, Pennsylvania, Tennessee, Texas and Washington.