Consumer Products: Microplastics Are Ubiquitous. So, Increasingly, Are The Class Action Suits They're Spawning

In August 2024 judge's decision to dismiss a major class action claim against bottled water makers will likely do little to stem the flow of microplastics litigation in the year ahead, says Meshach Rhoades, managing partner of Crowell & Moring's Denver office.

Plaintiffs in the case had claimed that the company behind Ice Mountain bottled water violated the Illinois Consumer Fraud and Deceptive Business Practices Act when it used the wording "100% Natural" on its labeling, even though the water was actually found to contain microplastics—particles of less than 5 mm that can be shed by plastic bottle material.

But a federal judge roundly—and somewhat humorously—rejected the claim, on the grounds it was preempted by the Federal Food, Drug, and Cosmetic Act, which gives the Food and Drug Administration exclusive authority to define certain terms, including "spring water." Plaintiffs also failed to meet the "reasonable consumer" standard under the law, he said.