Is Coke's VitaminWater healthy enough to fend off a lawsuit?


Don't you just hate it when one of the companies in your portfolio finds itself the subject of litigation? Especially when it's a lawsuit not so much for money but to generate a little bad publicity? I know, lawsuits are part of the game of any business. They are nothing more than another cost on the income statement. But I hate it when it has to do with an acquisition that is still young. I'm talking about Coca-Cola (NYSE: KO) and a lawsuit brought against its VitaminWater asset.

According to this source, The Center for Science in the Public Interest doesn't like the way that Coke publicizes the health benefits of VitaminWater and is suing to make its point.

Words on the label of the bottles of the product irk the group, words like "defense" and "rescue." For those who have never ingested one of these drinks, these are the names of the drinks and are supposed to help consumers know which beverage to use in case you are feeling sick, or are feeling fatigued, etc.

There also is a complaint about the amount of sugar in VitaminWater. The advocacy group believes that the excessive quantity of sugar present may in fact offset any health benefits. Okay, I'll concede one thing as a VitaminWater drinker myself: they are a bit sweet, and I do wish the company would offer lower-sugar versions. Why Coke doesn't is beyond me, it would be a great marketing move. But, for the most part, I think you have to take the funny little write-ups that you find on the bottles of VitaminWater, the ones that sort of build the health claims that the Center is currently fighting, with a grain of salt. As far as I'm concerned, I enjoy drinking VitaminWater and I do think it is healthier than soda.

As a shareholder of Coke, this does bother me, and I think it's a big deal. That's because Coke paid billions for VitaminWater in the spring of 2007 and is still building the brand. I don't think Coke has unlocked the full potential of the acquisition yet, and I'm not pleased about this development. The best thing for Coke to do would be to fight the claims vigorously and highlight the need for vitamins. But, it should take heed of the sugar issue and do something about the caloric content of the beverages. The Center is correct on this count. It would be smart strategy for management to address this, there's no value in saving face by denying everything in the complaint. Coke needs VitaminWater to be the strongest asset possible so that it can compete against PepsiCo (NYSE: PEP) and its healthy-drink portfolio. Bad publicity won't help case-volume growth, I can tell you that.

Disclosure: I own Coke; positions can change at any time.

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