Chris Barnes, a spokesman for the Dr Pepper group, called the CSPI in an online statement the food police. He added that the packaging of the drink complies with all FDA (Food and Drug Administration) regulations, even though the drink does not contain juice. However, the new formula of the product, does not contain antioxidants. According to the National Cancer Institute, antioxidants help protect cells from damage caused by free radicals, which are unstable particles associated with the emergence of tumors.
In December 2008, the Food and Drug Administration opposed the “Diet Coke with Vitamins & Minerals” label, which is now called the Coke Plus Diet. The justification stated that promotion is not advisable “Junk food” in the form of carbonated drinks. The case was brought to court by David Green, a resident of Sherman Oaks, California, who stated that he would not have purchased the product had he known that the antioxidants did not come from the fruit.