Energy Brands

On May 25, 2007, the company was acquired by The Coca-Cola Company for $4.1 billion in cash.[5]

$1.2 billion of the sales went to the Tata Group for its 30% minority ownership, which Tata agreed to sell.[6][7] Under the purchase agreement, Energy Brands remains nearly autonomous as a subsidiary of Coca-Cola, with Coca-Cola primarily operating with a hands off method, leaving Bikoff and Energy Brands principal operating officers in charge. In discussing the role of Coca-Cola, Bikoff states: "We run independently, we have our own offices. If Coca-Cola don't call me, I don't call them."[1]

Energy Brands began launching its products in the United Kingdom and Australia in 2008, with France following in 2009 and Argentina in 2011. The company eventually plans to expand to Canada and Mexico.[1]

On April 5, 2006, Energy Brands filed a lawsuit against PepsiCo in the U.S. District Court in Manhattan alleging that PepsiCo's SoBe "Life Water" packages infringed its trade dress for similar drinks.[8] In the subsequent settlement Pepsi agreed to change its packaging.[9][10]

On January 14, 2009, the Center for Science in the Public Interest filed a class-action lawsuit against Energy Brands' parent company in the Northern District of California Court. The suit alleges that the marketing of the drink as a "healthful alternative" to soda is deceptive and in violation of Food and Drug Administration guidelines. The consumer group states that "according to CSPI nutritionists, the 33 grams of sugar in each bottle of VitaminWater do more to promote obesity, diabetes and other health problems than the vitamins in the drinks do to perform the advertised benefits listed on the bottles". Coca-Cola dismissed the allegations as "ridiculous," on the grounds that "no consumer could reasonably be misled into thinking VitaminWater was a healthy beverage" and an attempt by the group to increase its readership.[11][12]

In 2011, the Judicial Panel on Multidistrict Litigation ordered the coordination of different lawsuits against Coca-Cola Co. that alleged it misled the public about the nutritional benefits of VitaminWater.[13]

As a privately owned company, Energy Brands has never been required to release information about its sales figures or other financial information. Bikoff himself never stated what percentage of the company he owned before it was sold. Forbes magazine once reported that he owned only 25% of the company, but in an interview with The Times, he denied this stating: "Did anyone say I had less than 50%? Look, I maintained control of the company and I maintain it today. But I don’t talk about my share as every story becomes one about personal wealth."[1] In 2006, the company was reported to have an annual sales revenue of $350 million.[1][3]

Before the sale to Coca-Cola, 70% shares of the company were held by company employees and smaller investors, with 30% held by the Tata Group.[1] In October 2004, rapper Curtis Jackson—known as 50 Cent—was given a minority share in the company in exchange for becoming a spokesperson after learning that he was a fan of the beverage. The health conscious Jackson noted that he first learned of the product while at a gym in Los Angeles, and stated that "they do such a good job making water taste good." After becoming a shareholder and endorser, Jackson worked with the company to create a new grape-flavored "Formula 50" variant of VitaminWater and mentioned the drinks in various songs and interviews. It's unknown how much Jackson made from the purchase of his shares by Coca-Cola, with estimates in the financial press mainly in the $100 – 400million range. Though he no longer has an equity stake in the company, Jackson continues to act as a spokesperson for VitaminWater, enthusiastically supporting the product including singing about it at the BET Awards and expressing his excitement over the company's continuing to allow his input on products.[14]

Energy Brands' first product was Glacéau Smartwater, vapor-distilled water with added electrolytes, which was released at the company's launch in 1996.[2][3] Glaceau Fruitwater, adding zero-calorie fruit flavors to the core Smartwater, followed in 1998. In 2000, VitaminWater was launched, adding vitamins and natural flavors with Smartwater.[2][3] Designed to "fill the gap" between soft drinks and water for people who knew they should be drinking more water but weren't, VitaminWater was targeted primarily at adults. With fewer calories than soda, the company states that the drink both hydrates consumers and provides nutrients they are likely to be missing.[1]

In 2002, Energy Brands' Glacéau drinks were the top selling brand of enhanced water.[15] VitaminWater is considered its most successful of the four products.[2][3] On April 2, 2009, Glacéau VitaminWater introduced a new line for the weight-conscious market called VitaminWater10 that has 10 calories per eight-ounce serving,[16] and later VitaminWater Zero, a calorie-free drink, down from the older line that serves 50 kilocalories. Both drinks include Truvia as a sweetener.[17] VitaminWater Zero also uses Erythritol. In September 2010, a rebranded version of the 10 calorie drink was introduced to the Canadian market, although Vitaminwater Zero is still exclusively a US product.

In 2008, the Australian consumer organisation Choice gave one of its annual 'Shonky' awards to vitaminwater, saying that, despite the claim that the drinks were healthy, "one bottle contains about a third of the recommended daily sugar intake for an average adult woman ... and none contains more than 1% fruit juice". Choice also noted that the label on one flavour blatantly mocked food regulations designed to protect consumers by stating, "We are prohibited from making exaggerated claims about the potency of the nutrients in this bottle", before making exaggerated claims about the potency of the nutrients in the bottle.[18]

In 2009, brand owner The Coca-Cola Company was sued by the Center for Science in the Public Interest. The suit alleged that the marketing of the drink as a "healthful alternative" to soda is deceptive and in violation of Food and Drug Administration guidelines. The consumer group stated that "according to CSPI nutritionists, the 33 grams of sugar in each bottle of Vitaminwater do more to promote obesity, diabetes and other health problems than the vitamins in the drinks do to perform the advertised benefits listed on the bottles". Coca-Cola criticized the suit as "ridiculous" on the grounds that "no consumer could reasonably be misled into thinking Vitaminwater was a healthy beverage" and that the suit was an attempt by the group to increase its readership.[19][20] In 2013, a federal judge ruled that the lawsuit could move forward as a class-action lawsuit.[21]

In January 2011, the United Kingdom's Advertising Standards Authority (ASA) ruled that an advertisement that claimed vitaminwater was "nutritious" was misleading due to the high sugar content (23 g per 500 ml) of the drink. The ruling banning the advertisement stated: "Because Vitamin Water contained about a quarter of a consumer's GDA (guideline daily amount) for sugar as well as the added vitamins, we considered that the description of Vitamin Water as 'nutritious' was misleading".[22]

• 1st generation: Revive, Power-C, Energy, Focus, Essential
• 2nd generation: Defense, Formula 50, B-Relaxed, XXX, Multi-V
• 3rd generation: Balance, Endurance, Vital-T, Rescue, Charge
• 4th generation: Dwnld, Tranquilo, Connect, Spark, Stur-D

• Power-C – acerola (first to be discontinued)
• Perform – lemon-lime
• Defense – raspberry-apple
• Stress-B – lemon-lime
• Endurance – peach-mango
• B-Relaxed – jackfruit-guava
• Tranquilo – tamarind-pineapple
• Formula 50 – grape
• Drive – blood-orange mixed-berry
• Spark - grape-blueberry
• Glow - strawberry-guanabana
• Rescue - green tea
• Stur-D - blue agave-Passionfruit-Citrus

• Dragonfruit
• Tropical Citrus
• Fruit Punch

• Black Raspberry[30]
• Strawberry Kiwi[31]
• Lemon-Lime[32]
• Orange Mango[33]
• Watermelon Punch[34]