A California woman has filed a proposed class action against Danone Waters of America, alleging its Evian Natural Spring Water product packaging made misleading representations about being carbon neutral. Dorris v. Danone Waters of America, No. 22-8717 (S.D.N.Y., filed October 13, 2022).

The plaintiff noted in her suit that the defendant represents on all versions of its Evian packaging that the product is “carbon neutral.” As a result, she asserted that reasonable consumers would believe the manufacturing of the product is sustainable and does not leave a carbon footprint, but that impression is false.

“Defendant’s manufacturing of the Product still causes carbon dioxide (‘CO2’) to be released into the atmosphere,” she said in the complaint. “Accordingly, the carbon neutral claim is false and misleading because the Product’s manufacturing process is not carbon neutral, and consumers would not have purchased the Product, or paid substantially less for it, had they known the carbon neutral claim was not true.”

The plaintiff added that the defendant may contend that the carbon credits it purchases offset the carbon emissions created in the production of its product, but such an explanation appears nowhere on the product’s packaging and reasonable consumers would not consider that the meaning of “carbon neutral.”

The plaintiff is alleging violations of the California Consumers Legal Remedies Act and New York General Business Law Sections 349 and 350, breaches of express and implied warranty, unjust enrichment and fraud. She is seeking class certification, declarative judgment, damages, prejudgment interest, restitution and attorneys’ fees.

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