Attorney General Announces Multi-State Settlement Resolving Concerns Over Enviga's Implied Weight Loss Claims

February 26, 2009

For Immediate Release February 26, 2009

Contact: Carolyn Silsby Assistant Attorney General Consumer Protection Division (207) 626-8829

Attorney General Announces Multi-State Settlement Resolving Concerns Over Enviga?s Implied Weight Loss Claims

Attorney General Janet T. Mills announced today that Maine and 27 other states and the District of Columbia have entered into a settlement with Coca-Cola, Nestle USA and Beverage Partners Worldwide that resolves the states? concerns over implied claims that the green tea beverage, Enviga, burns extra calories that will result in weight loss.

The settlement is the result of a multi-state investigation into claims that drinking three cans of Enviga will burn up to 60 to 100 calories per day, based on a limited study that was commissioned by the companies themselves. The so-called Rudelle study was conducted on a small group of healthy adults of normal weight who were under the age of 36. A calorie-burning effect was found among some participants, but the study did not establish that it could be sustained over time, and none experienced weight loss.

The companies have agreed to clearly and conspicuously disclaim any weight loss benefits of Enviga in the absence of diet and exercise. The companies have also agreed to pay $650,000 to the states.

Attorney General Mills stated, ?Despite the claims of Coca-Cola, Nestle USA and Beverage Partners Worldwide, it is a balanced diet and exercise produce weight loss, not the drink Enviga. These companies are now required to clearly disclose in their marketing and promotional materials that the beverage Enviga does not cause weight loss. People who are overweight should talk with their physician and not listen to advertising gimmicks designed solely to sell a company?s product.?