Danone Wins Dismissal of U.S. Lawsuit Over ‘Natural’ Label on Evian Spring Water

Danone, the French parent company of Evian, won the dismissal of a lawsuit alleging it misled consumers by labeling Evian spring water as ‘natural’ despite the presence of microplastics potentially leaching from the bottle. U.S. District Judge Thomas Durkin, based in Chicago, ruled that the U.S. Food and Drug Administration’s (FDA) spring water standards do not cover microplastics, which preempts the plaintiffs’ claims that Danone’s labeling violates consumer protection laws. Judge Durkin clarified that as long as the water is sourced from a ‘natural spring,’ it can be labeled ‘natural’ under federal regulations.

The lawsuit, led by plaintiffs Michael Daly and Michael Dotson, sought at least $5 million in damages on behalf of U.S. consumers over five years. The plaintiffs argued that Danone’s labeling convinced them to pay premium prices for what they termed a ‘non-premium’ product. Judge Durkin provided the plaintiffs with an opportunity to amend their complaint by December 6. This case follows a trend in the U.S. of class actions targeting food labeling accuracy, often questioning claims like ‘organic’ or ‘carbon neutral.’

This suit is one of many that challenge food companies on labeling, particularly when terms like ‘natural’ or ‘carbon neutral’ appear. In a related case, a New York judge allowed another consumer lawsuit to proceed against Danone, questioning its ‘carbon neutral’ claim on Evian bottles.