FDA Says Diet Coke Plus Violating Federal Law

David Mittleman

Attorney
(866) 735-1102 Ext 430

0 CommentsPrint ArticleSubscribe

The Food and Drug Administration (FDA) today wrote a letter to the Coca-Cola Corporation warning them the Diet Coke Plus product is in violation of Federal Food, Drug and Cosmetic Act. Diet Coke Plus advertises it has vitamins and minerals included in the soft drink. The FDA became involved because of concerns about the amounts of actual vitamins and minerals contained in the soft drink.

"The term 'plus' in Diet Coke Plus, read in conjunction with the language Diet Coke with Vitamins & Minerals, meets the definition of a nutrient content claim because it characterizes the product's level of vitamins and minerals, which are nutrients of the type required to be in nutrition labeling," the FDA said. "Based on our review, we have concluded that this product is in violation of the Federal Food, Drug, and Cosmetic Act."

The FDA has specific standards for beverage nutrient content which must be met before a product can be labeled "plus," a term indicating postive nutritional value to the consumer. Any product with the label "plus" must have at least 10 percent more nutrients than comparable products. It should be noted the FDAs decision has no bearing on the safety of Diet Coke Plus, rather its decision is based upon the misleading nature of the product and it's proported health benefits.