Eat Drink Better

Published on July 26th, 2013 | by Jennifer Kaplan


‘7UP Antioxidant’ No More

7UP antioxidantSnapple has agreed to discontinue, reformulate and re-market the ‘7UP Antioxidant’ line of soft drinks as a direct result of a successful class action lawsuit.

No More ‘7UP Antioxidant’

It used to be that 7UP’s antioxidant line includes 7UP Anioxidant, diet Cherry 7UP Antioxidant, Mixed Berry 7UP Antioxidant, and Pomegranate 7UP Antioxidant flavors all of which contain small amounts of vitamin E which was added in order to market the drinks as ‘antioxidant.’ But, 7UP, owned by Snapple, has agreed to reformulate and re-market these varieties as a direct result of a lawsuit initiated by the nonprofit Center for Science in the Public Interest. In November 2012, a federal class action lawsuit was filed against 7UP that alleged the pictures of various fruits on 7Up labels “gave the impression that the antioxidants might have come from fruit, but there is no fruit juice of any kind in any variety of 7UP.” That aside, the FDA’s “Jelly Bean” rule requires a minimum nutritional content for labeling a product as ‘healthy’ and prohibits companies from fortifying food just to make a ‘healthy’ claim.

CSPI litigation director Steve Gardner sayssimply: “Soda is not a health food, and should not be marketed as a healthy source of antioxidants or other nutrients.”

Bad Beverages

As I’ve written about before, there have been several high-profile beverages that have recently settled or lost lawsuits. The guilty beverage companies have committed marketing sins ranging from the misuse of the term ‘natural’ despite containing GMOs and chemicals (such as Naked Juice and Skinnygirl Cocktails) to flagrantly exaggerating health claims (like POM Pomegranate Juice and Vitaminwater).

CSPI has publicly stated that “litigation over individual products is not the best way to get companies to obey the law.” However, CSPI has ben party to a number of successful lawsuits that have recently been effective in compelling beverage companies to stop making bogus marketing claims.

Photo:  SimonQ錫濛譙 by Creative Commons license

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About the Author

is a former marketing consultant who decided, at the age of fifty, to turn her hand to creative non-fiction. Jennifer continues to write about sustainable food and wine, the intersection of food and marketing and food politics for and is the author of Greening Your Small Business (November 2009, Penguin Group (USA)). She was named one of The 16 Women You Must Follow on Twitter for Green Business. She has four kids, a dog, a hamster and an MBA - follow her on and .

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