ARTICLE · 17 DECEMBER 2024

Water Bottle Manufacturer Springs Ahead In Microplastics Challenge

Winston Taylor

Explore more from Winston Taylor

On November 5, 2024, Danone Waters of America, LLC (Danone) achieved a notable legal victory, securing the dismissal of a putative class action alleging violations of Illinois and California consumer fraud statutes.

United StatesConsumer Protection

On November 5, 2024, Danone Waters of America, LLC (Danone) achieved a notable legal victory, securing the dismissal of a putative class action alleging violations of Illinois and California consumer fraud statutes. The plaintiffs contended that Danone's labeling of Evian bottled spring water as "natural" was deceptive due to the alleged presence of microplastics. The United States District Court for the Northern District of Illinois granted Danone's motion to dismiss, finding the claims preempted by federal law.

At the heart of the case was the interplay between federal regulations and state consumer protection laws. The court highlighted that "spring water" is a term defined and regulated by federal standards. Under the preemption doctrine, state laws imposing labeling requirements inconsistent with or exceeding federal regulations are invalid. Specifically, the court relied on 21 U.S.C. § 343-1(a)(5) and related precedent establishing that state-imposed labeling

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