A new energy drink carried by several local businesses will remain on the shelves of at least one State College store despite pending lawsuits regarding the drink's calorie-burning claims.

Wegmans State College, 435 Colonnade Blvd., and McLanahan's Student Store, 414 E. College Ave., are among local businesses that carry Enviga, a creation of the Nestle-Coca-Cola fusion. The drink claims to be the first on the market that burns more calories than it provides.

Along with the drink's slogan, "Be Positive. Drink Negative," the drink's Web site, www.enviga.com, claims drinking three cans of Enviga a day will burn about 100 extra calories.

According to the site, Enviga is a combination of EGCG, an antioxidant in green tea, and extra caffeine that boosts the body's metabolism.

"Enviga is a precise balance of ingredients that have been proven to invigorate your metabolism, helping you burn more calories," the site says. "In fact, because each delicious can of Enviga contains only 5 calories, you end up burning more calories than you consume...," the site says. The drink has not been universally well received as a calorie-burner. Currently the Nestle-Coca-Cola partnership is facing three federal lawsuits for alleged false advertising.

The first lawsuit was filed by the Center for Science in the Public Interest (CSPI) Feb.1.

"When we first noticed late last fall that Coke and Nestle had started marketing this product, we were really concerned," Stephen Gardner, litigation director for CSPI, said. "It's a weight-loss drug that is successfully masqueraded for a food."

Gardner said it is with the advertising of Enviga, not the product itself, that CSPI has a problem.

Philadelphia law firm Berger and Montague also filed a suit against Nestle-Coca-Cola last week, firm lawyer Russell Paul said.

According to the Enviga Web site, the drink was tested on a group of 31 healthy people between the ages of 18 and 35 for 72 hours. The average person burned 106 extra calories, according to the site. Enviga is using this study to back up the calorie-burning claims.

"We vigorously dispute CSPI's allegations and we will energetically fight this meritless lawsuit," Ray Crockett, Enviga representative, said. "CSPI has sound bytes; we have sound science."

In the meantime, Enviga can still be found in State College.

"For now, we will continue to stock it," Joan Natale, Wegmans representative, said. "There is consumer demand. Depending on the outcome of the lawsuit, we'll decide at that point what needs to be done."