We summarise our findings in as they pertain to each of Coca-Cola’s four major research transparency assertions [2].

Assertion 1: Researchers retain full control over the design, execution, analysis and interpretation of research

The documents obtained by FOI indicate that, although it does not have the capacity to direct and control the day-to-day conduct of studies, Coca-Cola retains varied rights throughout the research process, including the power to terminate studies early without giving reasons. Several agreements reveal that the company maintains the right to receive and comment on research prior to submission for publication. However, the researchers may reject these changes. Thus, the company can influence but not direct the research output, but may use termination provisions as a mechanism to discontinue research.

The emails we obtained reveal that academic partners recognise Coca-Cola’s influence on the research it funds, even where it is not directing the research. For example, Tommy Coggins, Director of University of South Carolina’s (USC) Sponsored Award Management and Research Compliance, in an email to Professor Tom Chandler of USC’s Norman J. Arnold School of Public Health, explained that several of the research agreements entered into at the University allowed Coca-Cola to have:

a substantial say in how it [the research] was conducted and how results are handled, including ownership of all IP. None of this is wrong or unusual, but it is a typical industry research agreement. Also, contains a good bit of language about confidentiality and sharing results with Coca-Cola, but no bar on publication [17].

Coggins was commenting on a study that aimed to uncover the “extent to which variation in total energy expenditure and variation in total energy intake contribute to changes in body weight and fat among young adults”. The agreements we obtained specify that Coca-Cola’s comments are non-binding unless its suggested revisions to drafts pertain to information covered in the confidentiality provisions in the agreement, under which Coca-Cola retains the right to redact content accordingly.

Taking a specific example, as part of the “Sponsored Clinical Trial Research Agreement” between Coca-Cola and the Board of Supervisors of Louisiana State University, represented by Pennington Biomedical Research Center (PBRC), we find a 2012 research agreement for a study with Timothy Church as Principal Investigator related to fluid balance and performance with ad libitum water, flavoured placebo or carbohydrate-electrolyte beverage intake during exercise in the heat (known henceforth as the “The APEX Study”) [18]. The contract sets out mutual obligations of all parties as including regular reports to and data sharing with Coca-Cola, as well as the standard termination provision, which allows Coca-Cola to retain all data. Article 6.1 specifies:

Publication prior to delivery of the final report of any information gained in the course of performing the Project must be in a peer reviewed journal, must be approved in writing by both parties prior to such publication, and must acknowledge that the Study was funded by The Coca-Cola Company. Notwithstanding the foregoing, the Sponsor will not be approving the content of the publication, but has a right to review and provide comment before submission for publication [12].

Thus, while Coca-Cola contends that its guidance is not tantamount to approval, it does retain the right to comment on papers prior to publication, and holds the ability to terminate studies at any time without reasons.

Indeed, Coca-Cola may simply terminate an agreement if the findings are not in its interests or if its comments and revisions are rejected. Such provisions do, however, vary amongst the research agreements we obtained. As one example, we show a “Research Agreement” between Coca-Cola and the South Carolina Research Foundation, a non-profit entity that accepts donations for USC, to fund a study entitled “Energy Balance” in 2010–2015. Section “Discussion” of the agreement provides that Coca-Cola can make non-binding suggestions and may only redact information covered by its confidentiality provisions in Section “Results”. According to Section “Results”, “Confidential Information” includes disclosures made “orally or in writing” pertaining to “technical or business information regarding the Sponsor’s products, marketing plans, public relations plans or Protocol”. Notably, this agreement empowers Coca-Cola to terminate the agreement with notice and to require the return or destruction of all of this Confidential Information. Specifically, Section 6.2 states that, as long as 15 days written notice is given and with no need to give a reason:

6.3.4: SCRF shall immediately discontinue any work and shall take such precautions as requested by Sponsor, including returning to Sponsor or certifying in writing to Sponsor that it had destroyed all documents and other tangible items containing Sponsor Confidential Information [13].

Other agreements contain provisions that do allow for recall of all research documents and materials on termination. In the Church APEX study, detailed above, the termination provisions of this agreement are stronger, stating in Article 4.4 that:

Upon receipt of a notice of early termination, PBRC will immediately discontinue all work under this Agreement and return all copies of Sponsor data, or other materials, and deliver to sponsor all work in progress, including incomplete work… [12]

Such termination provisions could, hypothetically, allow Coca-Cola to quash studies progressing unfavourably, or allow Coca-Cola to pressure researchers using the threat of termination. However, we found no evidence that this has occurred in our FOI batches. In one instance, we did find Coca-Cola had ended a study with little or no information being sent to researchers or their institutions. For example, emails between researchers at USC pertaining to the Active Healthy Living Programme funded by Coca-Cola, state:

As you know, the contract with Coca-Cola to develop and evaluate the Active Healthy Living Program has terminated. While I am not sure, because they have not communicated with us in several months, it appears that Coca-Cola has dropped the program. We put a lot into development of the program, and if possible, I would like to obtain/retain the intellectual property. Please look into where we stand with this, and let’s figure out next steps. Thanks [19].

Our FOI, however, does indicate that Coca-Cola may be willing to negotiate the terms of agreements to moderate language regarding pre-publication communication and consultation with Coca-Cola. In emails between University of Toronto Professor John Sievenpiper and Coca-Cola’s Susan Roberts regarding a proposed, then signed, research agreement, Sievenpiper requests revision of provisions he regards as restrictive. The original text, which Sievenpiper requests to be deleted in its entirety, states:

U of T will afford TCCC [The Coca-Cola Company] the prior right to review and approve (or reject) any communication or other material developed by U of T or its employees, contractors or agents discussing this Agreement or the underlying grant, the related work or accomplishments of U of T and/or TCCC, or any related or other association between U of T and TCCC, or otherwise mentioning TCCC’s name or displaying TCCC’s trademarks [14].

Sievenpiper comments that it is “very restrictive for being an ‘unrestricted grant’”, and Coca-Cola agreed to change the wording to “consult with each other in good faith regarding any communication with third party/ies…”. This involved significant back and forth emails and discussion, suggesting that the original wording may be standard wording in other Coca-Cola research agreements.

Assertion 2: Researchers are encouraged to publish and Coca-Cola does not have the right to prevent the publication of research results

Our research confirms that Coca-Cola encourages researchers to publish in peer-reviewed publications and generally only retains limited rights to delay publication to protect its proprietary interests or to obtain a patent. However, many agreements contain the above-discussed termination provisions, allowing either fixed-notice period termination, or early termination according to the agreement’s terms (as described above), some restricting publication following such a termination.

For example, in the agreement pertaining to Church’s APEX study, Article 6.1, provided above in full, states that publication “must be in a peer reviewed journal, must be approved in writing by both parties prior to such publication, and must acknowledge that the Study was funded by The Coca-Cola Company”. While this indicates that Coca-Cola does encourage publication as it states, and does not have a right to prevent publication, only providing comments, Article 6.2 makes clear that Coca-Cola can issue a written notice to require a delay to publishing where its proprietary interests are at stake; but there is no general right to control publication of results unfavourable to Coca-Cola’s commercial interests [12.] The provisions do, however, convey a right of Coca-Cola to comment and prompt revisions, as discussed above.

Similar provisions are found in a “Research Agreement” between Coca-Cola and the South Carolina Research Foundation [13]. Section “Discussion” on “Publication Rights and Use of Project Results” states similarly that Coca-Cola can require a delay where it wishes to file a patent or protect its proprietary interests, and that such a delay should not exceed 120 days. Retention of a capacity to delay publication is consonant with ordinary industry-funded research provisions, but in public health research it may delay significant findings from reaching the public.

Notably, the APEX study agreement does not contain provisions that allow Coke to prevent publication absolutely, but does require written permission for publication of all peer-reviewed publications where such publication would be prior to the final report to Coca-Cola (Art 6.2). This, in concert with the termination provisions that require cessation of research and the full and complete handover of all study documents, may enable Coca-Cola to shape unfavourable findings in advance of publication (Art 4.4). Thus, while Coca-Cola cannot stop publication, termination provisions could allow it to prevent publication through termination and recall of documents, along with the written consent requirement obligation in Article 6.2. Notably, this provision only has effect prior to the report to Coca-Cola, and thereby is not absolute in its effect. The agreements themselves are unclear as to the nature of the required reports and whether they will be made public and subject to peer review.

Assertion 3: Researchers are expected to disclose their funding sources in all publications and public presentations of the data

Publication shall acknowledge authorship according to generally accepted criteria for authorship and subject to journal requirements, if applicable. PBRC agrees that if Sponsor so requests, and only if Sponsor requests, substantive releases and/or written reports contemplated by this Article 6 may include language to the effect that, “The Study was funded by The Coca-Cola Company” [13].

We found that the agreements identified in our study routinely allow for the attribution that a study, paper or report was “funded by The Coca-Cola Company”. For example, Article 6.3 of the research agreement between Coca-Cola and the South Carolina Research Foundation states:

Notably, the phrasing “PBRC agrees that if Sponsor so requests, and only if Sponsor requests…” does not grant the University the right to use this attribution on all outputs. However, the peer-review provisions in Article 6 seem to imply that Coca-Cola expects the disclosure of funding sources in publications, as this is routine practice amongst reputable journals. The provision extends to publicity related to the research, placing the funding attribution within the hands of Coca-Cola rather than with the host or researcher. The contracts allow for a funding declaration to be phrased in a way that does not extend to a complete and detailed declaration of Coca-Cola’s input into the research, although the agreements are silent as to whether more robust statements are allowed.

Assertion 4: Coca-Cola does not make funding conditioned on the outcome of the research

The research agreements contain no provisions on any outcomes of any study. However, as noted above, this could hypothetically be exercised through the termination provision. Thus, while we found no direct conditions pertaining to outcomes of the research, the effect of permissive termination provisions and recall of data provisions could indirectly have a ‘chilling effect ‘on researcher’s work, influencing what researchers conclude. Past research has revealed that researchers do strive to maintain positive relations with Coca-Cola and produce results favourable to them [ 20 ].