Trade Group Files False Advertising Suit over Plastic Water Bottle Claims
A trade group representing bottled water producers, distributors and suppliers has filed a lawsuit in federal court against Eco Canteen Inc., a stainless steel bottle manufacturer, “for engaging in a deliberate scare campaign to mislead and deceive the public” about the purported health and environmental risks associated with plastic bottle use. Int’l Bottled Water Ass’n v. Eco Canteen Inc., 09-299 (W.D.N.C., filed July 22, 2009). According to the International Bottled Water Association (IBWA), Eco Canteen has made several false and misleading claims about both single-serve and reusable plastic bottles that included likening these products to poison and linking them to breast and prostate cancer. This “viral” marketing campaign was allegedly designed “to be picked up and disseminated by third parties” despite IBWA’s repeated requests for corrective action.
The complaint also notes that the defendant “purposefully matches images of single-serve recyclable plastic bottles with its claims relating to an organic compound called Bisphenol A (‘BPA’),” even though single-serve recyclable bottles do not generally contain BPA. “In any event,” states the complaint, “Eco Canteen’s claims pertaining to the alleged health risks of BPA are false and misleading as well. The FDA [Food and Drug Administration] has determined that exposure levels to BPA from food contact materials are below those that may cause health effects and that such use therefore is safe.”
IBWA seeks preliminary and permanent injunctive relief to bar Eco Canteen from making these statements, as well as unspecified damages for unfair and deceptive trade practices. “Eco Canteen’s false and deceptive advertising campaign represents a systematic effort to undermine . . . the confidence of consumers in the safety of the bottled water products of IBWA and its member companies,” concludes the complaint.
