A federal judge has denied Coca-Cola’s motion to dismiss a lawsuit over what the Center for Science in the Public Interest (CSPI) says are deceptive and unsubstantiated claims on the company’s “Vitaminwater” line of soft drinks. The company claims that Vitaminwater variously reduces the risk of chronic disease, reduces the risk of eye disease, promotes healthy joints and supports optimal immune function, and uses health buzz words such as “defense,” “rescue,” “energy” and “endurance” on labels.

Judge John Gleeson of the U.S. District Court for the Eastern District of New York found that the company’s use of the word “healthy” violates FDA regulations on vitamin-fortified foods. The FDA rule prohibits companies from making health claims on junk foods that only meet various nutrient thresholds via fortification. The judge also found Vitaminwater’s claim on the “focus” flavor that it “may reduce the risk of age-related eye disease” runs afoul of FDA regulations. The judge also noted FDA frowns upon names of products that mention some ingredients to the exclusion of more prominent ingredients such as, in the case of Vitaminwater, added sugar. The names of the drinks, along with other statements on the label, “have the potential to reinforce a consumer’s mistaken belief that the product is comprised of only vitamins and water,” Judge Gleeson wrote. He also rejected Coke’s argument that disclosing sugar content on Nutrition Facts labels eliminates the possibility consumers may be misled into thinking the product has only water and vitamins, and little or no sugar. Vitaminwater contains 33 grams of sugar in each 20-oz. bottle.