7-Up With Antioxidents Removed From Market, As Lawsuit Filed

The makers of 7-Up are removing a number of flavors from the market after a consumer watchdog group filed a lawsuit alleging that the soft-drink was sold with misleading advertising claims, which suggested potential health benefits. 

The 7-Up lawsuit was filed against Dr Pepper Snapple Group in federal court in California on November 8, by the Center for Science in the Public Interest (CSPI), a consumer advocacy group focused on food safety and nutrition.

According to the complaint, advertising for flavors of 7-Up that include antioxidants have suggested that the antioxidants come from fruit, when in fact they come from vitamin E added to the formula.

Shortly after the lawsuit was filed, Dr Pepper Snapple Group released a statement confirming the company will remove the varieties of the soft drink from the market by early 2013. However, the manufacturer indicates that the decision was unrelated to the filing of the lawsuit, maintaining that the decision was made in 2011 to reformulate the products as an effort to “create consistency across its brands.”

Dr Pepper also revealed that the company met with CSPI over the summer to discuss the matter; further emphasizing the reformulation was not a response to the lawsuit and calling it “another attempt by the food police at CSPI to mislead consumers about soft drinks.” Dr Pepper went on to say the labeling of the drink is quite evident in stating the soda does not contain juice. The new products are slated for a February 2013 release and will not contain antioxidants.

CSPI filed the lawsuit on behalf of a California resident who purchased the beverage allegedly without knowing the antioxidants came from vitamin E, not real fruit juices, maintaining he would not have bought the soft drink otherwise.

The watchdog group claims the false advertising gives consumers a misleading impression of the health benefits offered by the soft drink. In a statement issued regarding the lawsuit, CSPI emphasized that the FDA prohibits companies from fortifying candies and soft drinks with nutrients.

The products in question, 7-Up Cherry Antioxidant, Mixed Berry Antioxidant and Pomegranate Antioxidant, were launched in 2009 with photos of fruit on the labeling. CSPI maintains that is yet another attempt to mislead consumers. Mike Jacobson,Executive Director of the Center for Science in the Public Interest has indicated the marketing for 7-Up with antioxidents contain “an implied claim of healthfulness without any evidence.”