S.D.N.Y. Waters Down Prior Ruling On "Carbon Neutral" Consumer Deception Claim

The Southern District of New York recently reconsidered its partial denial of Defendant Danone Waters of America's motion to dismiss claims alleging Danone falsely advertised Evian water as "carbon neutral." Reversing his prior ruling, Judge Nelson S. Román concluded that the carbon neutral labeling on Evian water bottle products was not plausibly misleading to reasonable consumers. He reasoned that absent an industry convention of disclosure on the front label or governing regulation that says otherwise, a reasonable consumer should be expected to look beyond the front label to learn more, consult additional information available, and know that there is no such thing as a "carbon zero" product. Dorris v. Danone Waters of America, No. 22-CV-8717 (S.D.N.Y. Nov. 14, 2024).