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…
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The U.S. Food and Drug Administration (FDA) has announced an investigation into Real Water alkaline water, which is allegedly the link between several cases of acute non-viral hepatitis. The investigation comes amid the filing of several lawsuits alleging harm to consumers of the water, including children. The agency announced that Real Water was not cooperating with the investigation because it failed to provide records or access to facilities. “The FDA is committed to protecting the health of Americans and is especially concerned when there is a food safety issue impacting our youngest, and some of the most vulnerable in the population – infants and young children," a press release stated. "Upon learning about reports of acute non-viral hepatitis in Nevada, impacting five young children, the FDA quickly activated a team to further investigate. We are working closely with the CDC, state and local partners to complete our investigation and monitor…
Citing a Consumer Reports piece investigating the arsenic content of several bottled-water brands, three plaintiffs have filed a lawsuit alleging that Whole Foods Market Inc. sells water that "has some of the highest arsenic levels of any bottled water presently being marketed in the United States, with some bottles exceeding the maximum arsenic contamination levels allowed by federal and state law." Berke v. Whole Foods Mkt. Inc., No. 19-7471 (C.D. Cal., filed August 28, 2019). The plaintiffs argue that Whole Foods charged a "hefty premium," "especially as compared to tap water," for a product it marketed as "some of the purest and most pristine water available in the U.S." while it knew "that the product has been universally contaminated with arsenic, with some bottles containing the industry's highest levels of arsenic for many years." The plaintiffs seek class certification damages, restitution and attorney's fees for alleged violations of California and…
Seeking to obtain information on the ingredients in LaCroix, Consumer Reports apparently discovered that National Beverage Corp. had failed to obtain a permit sell its products in Massachusetts, which requires the submittal of water-quality tests. Consumer Reports notes, "The situation reveals an unusual quirk of food safety regulations: Federal and state regulations typically treat artificially carbonated waters—including club soda, tonic water, seltzer, and sparkling water—differently than bottled water. (Sparkling mineral water, which is naturally carbonated and contains natural minerals, is regulated like bottled water.) And even in states that have added oversight of those fizzy waters, there's apparently occasional slip-ups in enforcement." The article, originally published June 18, 2019, was updated on June 26 to reflect that National Beverage Corp. announced it had obtained the permit required to sell LaCroix within Massachusetts.
Consumer Reports has published an article detailing its purported findings from a series of tests on several brands of bottled water, reportedly finding some bottles with levels of arsenic that could be "potentially dangerous to drink over extended periods of time." Most samples apparently tested below the federal limit of 10 parts per billion (ppb); Peñafiel, a product imported from Mexico, tested higher than 10 ppb but has reportedly been pulled from the market to resolve the issue. Consumer Reports also identified brands that sell water containing levels of arsenic that are legal but above the organization's recommended limit of 3 ppb.
A consumer has filed a putative class action alleging that several ingredients in LaCroix sparkling water, which is marketed as “always 100% natural,” are “non-natural flavorings and synthetic compounds.” Rice v. Nat’l Beverage Corp., No. 2018-CH-12302 (Ill. Cir. Ct., Cook Cty., filed October 1, 2018). The plaintiff alleges that the ingredients are synthetic and therefore cause consumers harm. “For instance, limonene causes kidney toxicity and tumors, linalool is used as a cockroach insecticide; and linalool propionate is used to treat cancer,” the complaint asserts. The complaint garnered significant media coverage, including in CBS News, Los Angeles Times and USA Today. A nutritional scientist reportedly told CBS News, “These compounds are found in nature, mostly in fruit such as oranges, limes, strawberries, pineapples, bananas….so we consume these compounds every day if we eat any kind of fruit.” In addition, Snopes noted, “The chemicals identified in the lawsuit [] are both safe…
A consumer has filed a putative class action alleging Trader Joe's Co. misleads consumers with its alkaline water, which the company purportedly markets as "ionized to achieve the perfect balance." Weiss v. Trader Joe's Co., No. 18-1130 (C.D. Cal., S. Div., filed June 26, 2018). The complaint asserts that Trader Joe's charges a premium for its alkaline water despite that "no genuine scientific research" supports the representations, including that the pH level of "9.5+" can provide additional hydration and balance out the acidity of certain foods. The plaintiff seeks class certification, injunctive relief, damages and attorney's fees for alleged violations of California's consumer-protection statutes.
American Dairy Queen Corp. has filed a lawsuit challenging W.B. Mason Co.'s application for a “Blizzard” trademark for its bottled water. Am. Dairy Queen Corp. v. W.B. Mason Co., Inc., No. 18-0693 (D. Minn., filed March 12, 2018). Dairy Queen alleges that it trademarked “Blizzard” for milkshakes in 1946 and has extended the mark to ice milk, ice cream, soft serve, machinery and restaurant services. The complaint asserts that the Blizzard marks are “widely recognized by the general consuming public of the United States as a designation of source of Dairy Queen’s goods and services.” Alleging trademark infringement, unfair competition by false designation, trademark dilution, unfair competition and violation of Minnesota’s deceptive trade practices law, Dairy Queen seeks an injunction barring W.B. Mason from using the Blizzard mark, destruction of packaging and advertising materials, award of profits generated from use of the infringing mark and attorney’s fees.
The Natural Resources Defense Council (NRDC) has asked the New York health department to establish enforceable maximum contaminant levels (MCLs) for PFOA and PFOS in public drinking water. In its 65-page petition, NRDC detailed the results of a year-long study of state drinking water sources, including purported findings of elevated levels of the chemicals in eight communities and blood serum concentrations ten times the national average in one city. NRDC argues that “in the absence of federal safeguards,” New York should act to (i) establish a MCL below 10 parts per trillion; (ii) study the potential harms of feeding infants with formula mixed with water or the consumption of contaminated water by breastfeeding mothers or pregnant women; and (iii) conduct comprehensive health assessments of residents in communities found to have elevated PFOA or PFOS concentrations in drinking water sources.
An increasing number of companies are selling "raw water," or "unfiltered, untreated, unsterilized spring water," according to the New York Times. The companies target consumers seeking to leave the country's water infrastructure over concerns about treatments the water undergoes and the lead pipes that sometimes carry it to its destinations. One "water consciousness movement" start-up offers "fluoride-free," "chlorine-free" and "mineral electrolyte alkaline" options, while another sells a system that pulls moisture from the air to collect water. The founder of Live Water, which sells 2.5-gallon jugs of raw water for about $37 each, told the Times that "real water" should expire: "It stays most fresh within one lunar cycle of delivery," he is quoted as saying. "If it sits around too long, it'll turn green. People don't even realize that because all their water's dead, so they never see it turn green." "By convincing people to drink untreated water, the proponents of the raw…
