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Officials have said they excluded high-calorie milk drinks because milk provides nutritional value.
WSJ: City Drinks Plan Questioned
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Things get even murkier when drinks are classified as nutritional supplements, not beverages.
FORBES: Magazine Article
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But unlike food, alcoholic drinks have very little or no nutritional value.
BBC: Alcohol calories 'too often ignored'
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Sierra Mist, a new caffeine-free lemon-lime soda that competes with Coca-Cola's Sprite and Cadbury Schweppes' 7up, doesn't exactly make soda into a nutritional beverage, but it blunts one long-standing criticism of Mountain Dew and cola drinks: that they use caffeine as a hook.
FORBES: Pepsi's New Challenge