The nonprofit Center for Science in the Public Interest (CSPI), Washington, D.C., objected in mid-January to a “midnight” attempt by the outgoing Bush Administration to institutionalize an FDA practice permitting “qualified health claims” on food labels. Such claims, CSPI says, can be based on flimsy scientific evidence.

FDA first began permitting them on food labels in 2002. Prior to the Bush years, such claims were only allowed on dietary supplements. An example of these claims would be: “Very limited and preliminary scientific research suggests that eating one-half to one cup of tomatoes and/or tomato sauce a week may reduce the risk of prostate cancer.” FDA requires that the claim be followed by the statement: “The FDA concludes that there is little scientific evidence supporting this claim.”

Congress urged FDA in last year’s appropriations bill to end the labeling policy for foods until a report from the Government Accountability Office (GAO) on the issue was completed.

“Fortunately, the FDA action today is in the form of a ‘Guidance’ document that can, and should be immediately rescinded by the next FDA Commissioner,” stated Bruce Silverglade, CSPI director of legal affairs. “FDA’s own surveys show that consumers are misled by qualified health claims.”

Following its qualified health claim complaints, CSPI announced that The Coca-Cola Company had been served notice of a class action lawsuit filed over what CSPI considers deceptive and unsubstantiated claims on its Vitaminwater line of beverages.

“Coke markets Vitaminwater as a healthful alternative to soda by labeling its several flavors with such health buzz words as ‘defense,’ ‘rescue,’ ‘energy’ and ‘endurance.’ The company makes a wide range of dramatic claims, including that its drinks variously reduce the risk of chronic disease, reduce the risk of eye disease, promote healthy joints, and support optimal immune function,” the organization said.

According to CSPI nutritionists, the 33 grams of sugar in each bottle of Vitaminwater do more to promote obesity, diabetes and other health problems than the vitamins in the drinks do to perform the advertised benefits listed on the bottles.

CSPI’s litigation department is serving as co-counsel in the suit, filed in United States District Court in the Northern District of California. The other law firms involved in the case include Reese Richman LLP and Whatley Drake & Kallas, LLC.