Danone Wins Lawsuit Dismissal Over Evian Water Labeling

By Jonathan Stempel

(Reuters) – The maker of Evian spring water, Danone (EPA:DANO), won the dismissal of a lawsuit on Tuesday accusing it of defrauding consumers with labels that claim the water is "natural" despite containing microplastics that seep from the bottle.

U.S. District Judge Thomas Durkin in Chicago stated that U.S. Food and Drug Administration regulations for spring water do not mention microplastics, which preempts the plaintiffs' claim of violating state consumer protection laws by concealing their presence.

> "The regulation defines 'spring water' as, in part, the water that is harvested from a 'natural spring,'" Durkin wrote. "As long as water comes from a 'natural spring' it can be labeled 'spring water,' and by extension 'natural.'"

Durkin noted it was unnecessary to address whether regulations also cover water content.

Michael Daly and Michael Dotson, who led the proposed class action, argued that Danone's labeling led them to pay premium prices for Evian, which they claimed is a "non-premium" product. They sought damages of at least $5 million for U.S. purchasers over the last five years. Durkin has given them until December 6 to amend their complaint.

Lawyers for the plaintiffs did not immediately respond to requests for comment on Wednesday. Danone, based in Paris, and its lawyers also did not provide immediate responses to similar requests.

This lawsuit is among hundreds of proposed class actions filed annually against food producers, many challenging label accuracy.

In January, a federal judge in White Plains, New York, ruled that Danone must face a consumer lawsuit challenging its "carbon neutral" claim on Evian bottles, stating the term was ambiguous and potentially confusing. That lawsuit remains unresolved.

The case is Daly et al v Danone Waters (NYSE:WAT) of America LLC, U.S. District Court, Northern District of Illinois, No. 24-02424.