How Healthy Is That Beverage? Nestle USA Is Being Sued Over False Healthy Claims Allegations.

A false healthy claims lawsuit is in the works for a popular Nestle USA beverage. San Pellegrino is being examined for a false healthy claim on the basis of excess added sugars in the Italian Sparkling Fruit Drink.

It made me think about some of the other perceptively healthy beverages we consume or consider at the grocery store. How healthy are they, really?

San Pellegrino “Natural” Beverages False Healthy Claims

A proposed class action lawsuit may be aimed at Nestle USA’s San Pellegrino sparkling fruit beverages for false healthy claims. The suit alleges that the beverages are marketed as healthy and “natural.” Even though they contain up to 26 grams of added sugar per can.

Since the nutritional labels are clearly marked on each can, why is this a situation where a lawsuit could even be considered.

According to those bringing the suit, the labels are misleading. The words “natural origin” and “natural” are found front and center in addition to depictions of ripe fruit and leaves.

In this case, the plaintiffs assert that these details give the false impression that the drinks are beneficial to health and well-being.

According to the lawsuit, each 11.5-ounce can may contain between 17 and 26 grams of added sugar. An amount that makes up 34% to 52% of the U.S. Food and Drug Administration’s (FDA) recommended daily value for sugar.

Some of the flavors even exceed the American Heart Association’s recommendations. A level that should not exceed 5% of total calories. Based on recommended daily calories, this recommendation caps at 12 grams for younger children, 25 grams for adult women, and 38 grams for adult men.

Plaintiff’s claim that if they understood the high sugar content, they may have made different choices. Arguing that the company is able to charge premium prices for these beverages because consumers believe they are consuming healthier options. A concept most people are ok with.

When it is true.

What about other so-called healthy options? Flavored water, for one.

How Healthy Are Flavored Waters?

I wonder. How healthy are flavored waters anyway?

We assume it is water, so it must be healthy. But is it?

I used WebMD’s helpful health tool. A food calorie counter that is loaded with tons of nutritional information for commonly consumed foods. Searching “flavored water,” I was able to round up some interesting data.

Several flavored waters passed the test. Hint’s Clementine, Smartwater’s Pineapple Kiwi, and Aquafina’s Flavor Splash Grape water all contained 0 grams of sugar. As did all of the available LaCroix flavored sparkling water.

So, there are some healthy options out there.

But not all perceived healthy beverages are created equal.

Trader Joe’s Radiant Tropical flavored water, for example, has 12 grams of sugar per eight fluid ounce serving.

Angeleno’s Melon flavored Agua Fresca has 20 grams of sugar for an eight-ounce serving.

Clear Fruit’s Fruit Punch flavored water contains 23 grams of sugar in an eight-ounce serving.

Topping the list is Glaceau’s Vitaminwater. The Squeezed flavor contains a whopping 31 grams per serving.

Does that make these flavored waters unhealthy?

What is truly at stake here is the false healthy claim and whether or not these perceived healthy beverages do not meet the criteria. There is very specific criteria to use those words after all.

Do These Flavored Waters Meet the Criteria for “Healthy?”

While the FDA has deemed artificial water enhancers as “generally recognized as safe,” are they truly good for you?

Some contain artificial sweeteners that give the consumer a sweet flavor without the “added sugar.” But some people may experience headaches, stomach aches, or other adverse effects from the sugar substitute.

For example, anything with a sugar alcohol is likely to cause serious gastrointestinal distress in my body.

Sugar substitutes aside, based on the amount of sugar contained in these supposed healthy flavored water, do they meet the “Healthy” claim criteria?

The ones containing no sugar likely do. Those mentioned above, likely won’t.

The FDA’s established criteria for the claim indicates that it must “contain a certain amount of food from at least one of the food groups or subgroups,” and meet specific limits for added sugars, saturated fat, and sodium.”

Technically, water is not on the list. Despite a bottle of water being depicted on the official Healthy Claim criteria page.

For the sake of the argument, let’s say that water meets the first criteria. It likely contains mostly water. It gets a pass.

Most of the flavored waters also meet the maximum stats for saturated fat and sodium.

Those indicated above, however, fall short when it come to sugar.

Even grain taps out at 5 grams of sugar to meet the criteria. A value well below the 31 grams. Or even 12 grams of the flavored waters I looked up.

For this reason, those products are barred from explicitly using the word “healthy” on their label. But, perception is a whole other ball game.

The Problem with Perception and False Healthy Claims

Perception is a big part of consumer behavior. Does the consumer perceive the product has good value. Does this product seem better than another one. Marketing plays a big role in it.

For example, “gluten free” placed in large letters on a package of cereal that is corn-based. It isn’t formulated to have no gluten. It was always gluten free.

Low calorie does not mean low sugar. Also, fat free doesn’t mean calorie free.

Serving sizes could be misleading. Who splits a can of soup. Especially the small ones. But the sodium content sure does look better when split in half.

While there are many rules in place that food manufacturers must adhere to, we still very much live in a buyer-beware life.

If something seems too good to be true, it probably is. What chemicals are used in place of real ingredients? How many different ways can “sugar” end up on the label. High fructose corn syrup, corn syrup, etc.

All we can do is make the best decision we can with the available information.

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By: Heather Van Tassell (contributing writer, non-lawyer)