Viewing a single comment thread. View all comments

OMG__Ponies OP t1_j92qrdy wrote

Reply to comment by AUWarEagle82 in TIL that the VitaminWater class-action lawsuit resulted no compensation for the consumers, and Coca Cola/Glacéau could continue marketing VitaminWater as “nutrient enhanced water beverage”. by OMG__Ponies

Their advertising claims:

>vitaminwater’s claims at the time that it could reduce the risk of eye disease, promote healthy joints, as well as supporting optimal immune function when, in reality, the huge amount of sugar in the product promotes obesity, diabetes, and other health problems.

AND:

>CSPI also objected to the product names such as “defense” and “endurance.”

As for Coca-Cola's response:

>Coca-Cola fought back arguing that no reasonable consumer could be misled into thinking vitaminwater was a healthy beverage but last year a federal judge rejected this defense.

70

the_hell_you_say t1_j92x9om wrote

Seems like the kind of claim that should get that lawyer disbarred. It's fucking called Vitamin Water, without an ounce of irony in the labeling or advertising.

49

0x15e t1_j95h8qn wrote

Fox News uses the same defense. It’s in the name but “no reasonable person” would take it seriously.

6

drygnfyre t1_j97icl9 wrote

I'm probably wrong, but I believe words like "vitamin" and "supplement" have little legal definition, and so what qualifies as those are extremely lax. It's a similar case with "organic," where you can make a huge amount of claims because there's yet to be a very specific legal definition.

1

johnn48 t1_j94bui0 wrote

>The "'general tenor' of the show should then info a viewer that [Carlson] is not 'stating actual facts' about the topics he discusses and is instead engaging in 'exaggeration' and 'non-literal commentary.' "Source

Coca Cola and Tucker Carlson were literally using the same defense. That basically a smart person would know we’re lying, but they’re not our audience or market.

5

drygnfyre t1_j97i5ky wrote

I will always tell anyone who I ever meet that believes a word of Fox News that they successfully argued in court no one is supposed to take them seriously. (And of course more recent discoveries they never believed a word of the election lies, and were one of the first networks to require COVID vaccination).

I know it won't change the opinions of those who still believe Fox is news, but it's the small victories in life.

2

iPod3G t1_j96hsz3 wrote

But... people are really stupid. And that's pretty reasonable.

1