Coca Coca & Nestle’s thermogenic beverage Enviga has been banned from making weight loss claims based solely on ingestion of their drink.

The Enviga legal settlement involved 26 states, the District of Columbia (DC)., Attorney Generals, and the Washington, D.C. Center for Science in the Public Interest (CSPI).

CSPI stated that the Coca Cola/Nestle Enviga marketing claims were “Irresponsible and Misleading.”

Coca Cola & Nestle have agreed to stop making weight loss claims, despite having clinical trials on Enviga (31 subjects). The clinical trials do not give Enviga the right to make weight loss claims, which enforces the FDA/FTC regulations governing weight loss claims.

Clinical trials on a product do not automatically generate the legal right to make specific claims, even if those trials prove that the product elicits a clinical benefit in humans.

The FDA and FTC determine what, if any claims, can be made on foods and dietary supplements, as well as drugs. Manufacturers and marketers of thermogenic beverages need to heed this warning against the use of weight loss claims.

Coca Cola spokesperson, Ray Crockett, stated “We maintain, as we always have, that Enviga burns calories, but by itself is not a guarantee of weight loss.”

Coca Cola/Nestle’s Enviga beverage does not hold any Patents.

"These were misrepresentations based on insufficient scientific evidence that doesn't support the weight-loss claims," said Illinois Attorney General Lisa Madigan. “This agreement will require full disclosure and, ultimately, help to raise consumer awareness of this product’s health effects.”

Voodoo Nutrition
Enviga's claims have courted controversy in its short life. In 2007, Connecticut Attorney General Richard Blumenthal suggested the product was relying on "voodoo nutrition."

Groups like the Washington DC-based Center for Science in the Public Interest (CSPI) have been more than vocal in criticizing the drink for irresponsible and misleading marketing. In February, 2007, they sued the drink giants over the claims they were making for Enviga.

Green Tea
Enviga has made much of the ability of the green tea compound EGCG (epigallocatechin gallate) to speed up metabolism and energy use when combined with caffeine.

Tests at the time showed that drinking three cans of Enviga everyday could burn an extra 60-100 calories in thin to normal weight people, the firms announced.

Responding to such criticisms and less than buoyant sales, Coke and Nestle pre-empted the settlement by moderating it on-pack statements.

“We maintain, as we always have, that Enviga burns calories, but by itself is not a guarantee of weight loss,” said Coke spokesperson, Ray Crockett said.

Sued
When sued by CSPI, the companies stated: "CSPI has their sound bites, we have sound science. We will vigorously dispute CSPI's unsupported allegations and will energetically oppose this meritless lawsuit."

At the time, Coke scientist Rhona Applebaum, said it was the optimum combination of Enviga's green tea, caffeine and plant micronutrient content, that created the 'negative calorie effect'.

The formula was made possible through access to decades of research of green tea by the Nestlé Research Center in Switzerland. It found EGCG, which could speed up metabolism and energy use when combined with caffeine.

Tests indicated drinking three cans of Enviga everyday could burn an extra 60-100 calories in thin to normal weight people, the firms announced.