Diet Coke Plus
Encyclopedia
Diet Coke Plus is a formulation of Diet Coke
Diet Coke
Diet Coke is a sugar-free soft drink produced and distributed by The Coca-Cola Company. It was first introduced in the United States on August 9, 1982, as the first new brand since 1886 to use the Coca-Cola trademark...

 fortified with vitamins and minerals. It is sweetened with a blend of aspartame
Aspartame
Aspartame is an artificial, non-saccharide sweetener used as a sugar substitute in some foods and beverages. In the European Union, it is codified as E951. Aspartame is a methyl ester of the aspartic acid/phenylalanine dipeptide. It was first sold under the brand name NutraSweet; since 2009 it...

 and acesulfame potassium
Acesulfame potassium
Acesulfame potassium is a calorie-free artificial sweetener, also known as Acesulfame K or Ace K , and marketed under the trade names Sunett and Sweet One. In the European Union, it is known under the E number E950...

, unlike regular Diet Coke which only contains aspartame.

The drink was released in the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...

 in October 2007,available in two variants, one with vitamins B3, B12, and vitamin C, and the other containing antioxidants with added green tea and vitamin C . Although Diet Coke Plus Antioxidants is labeled as sugar free, it actually contains 0.1 grams of sugar in the green tea powder per 100ml.

In Brazil
Brazil
Brazil , officially the Federative Republic of Brazil , is the largest country in South America. It is the world's fifth largest country, both by geographical area and by population with over 192 million people...

 this drink was released in January 2010.

Warning letter

On December 10, 2008 the United States Food and Drug Administration
Food and Drug Administration
The Food and Drug Administration is an agency of the United States Department of Health and Human Services, one of the United States federal executive departments...

 wrote a Warning Letter
FDA Warning Letter
The United States Food and Drug Adminstration defines a Warning Letter as "...a correspondence that notifies regulated industry about violations that FDA has documented during its inspections or investigations...

 to The Coca-Cola Company
The Coca-Cola Company
The Coca-Cola Company is an American multinational beverage corporation and manufacturer, retailer and marketer of non-alcoholic beverage concentrates and syrups. The company is best known for its flagship product Coca-Cola, invented in 1886 by pharmacist John Stith Pemberton in Columbus, Georgia...

that Diet Coke Plus violates the Federal Food, Drug, and Cosmetic Act. The term "plus" is a regulated term on food and beverages. A food may be labeled "plus" to describe its nutrients only if it contains at least 10% more of the Reference Daily Intake or Daily Reference Value compared to the usual amount. Because Diet Coke Plus labeling does not indicate the increased amount of nutrients, it cannot use the word "plus" on its label. Regardless, snack foods, such as carbonated soda, may never use the word "plus" because the FDA does not consider it appropriate to fortify snack foods. The FDA required The Coca-Cola Company to detail corrective action within 15 days.

The Coca-Cola Company issued a statement saying, "This does not involve any health or safety issues, and we believe the label on Diet Coke Plus complies with FDA's policies and regulations."

When a food manufacturer or marketer violates federal regulations, the FDA generally will send a letter to the company. While the letters themselves are not legally binding, the FDA may take the company to court if it does not take corrective action.

Coca-Cola Co (KO.N) has won the dismissal of a lawsuit accusing it of deceiving consumers into believing its Diet Coke Plus cola drink is healthy.

U.S. District Judge Noel Hillman in Camden, New Jersey rejected arguments in the 2009 case that the world's largest beverage maker broke that state's consumer fraud laws and federal Food and Drug Administration rules in packaging the soda.

The plaintiffs, two New Jersey residents, had argued that Coca-Cola's "boasting" on the soda's label, including use of the term "Plus" and the language "Diet Coke with Vitamins and Minerals," falsely suggested the soda was healthy and nutritious.

But the judge said there was no showing that Atlanta-based Coca-Cola made false statements. He cited an FDA letter explaining that the soda contains at least 10 percent of the recommended daily value of several vitamins and minerals.

"At most, plaintiffs simply claim that their expectations of the soda were disappointed," the judge wrote in his ruling Thursday. "Dissatisfaction with a product, however, is not a quantifiable loss that can be remedied."

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