Illinois Federal Judge Dismisses Class Action Over Spring Water

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Illinois Judge Dismisses Bottled Water False Ad Complaint

by: Food and Drug Law at Keller and Heckman of Keller and Heckman LLP - The Daily Intake

Tuesday, August 13, 2024

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An Illinois federal judge dismissed a proposed class action alleging that water labeled as “100% Natural Spring Water” is misleading due to the presence of microplastics. According to the judge, “the complaint doesn’t hold water” and is preempted by FDA’s standard of identity for spring water.
The plaintiffs alleged that the labeling of BlueTriton Brands Inc.’s Ice Mountain spring water would lead a reasonable consumer to believe that the water will not contain any synthetic contaminants even though plastic migrated from the bottle into the water. The presence of microplastics in the water, according to the plaintiffs, means that the bottles did not contain 100% spring water. However, according to the opinion, the complaint did not allege that the plaintiffs tested the product for microplastics. Further, “[n]o reasonable consumer would think that ‘100% Natural Spring Water’ is a guarantee at the molecular level, except that it contains hydrogen and oxygen playing together nicely.”
According to the judge, the complaint fails whether the plaintiffs argue that the water is not 100% spring water or that it is not 100% natural. FDA’s standard of identity for bottled spring water at 21 CFR 165.110 requires the water to come from a spring in the ground but does not mention any presence of microplastics. Because FDA has defined spring water, the plaintiffs may not rely on state law to “tack on additional requirements.” In addition, although FDA does not generally regulate the use of the term “natural,” the term does appear in the spring water definition, so saying that the spring water is not “natural” is “the same thing as saying that it is not ‘spring water.’” In either case, because FDA has the authority to define the essential characteristics of spring water, the claim is expressly preempted.
The judge also said that the “100% Natural Spring Water” label is not a material misrepresentation because the plaintiffs’ interpretation of the claim is unreasonable. The amount of microplastics in a bottle of water is so small that 100% is “close enough.” Consumers would not think microplastics add up to 1% of a water bottle, and a label that says “99.9999999999% natural spring water” is not reasonable. Further, microplastics are inescapable in food and even air, so it is not reasonable to assume that spring water will not contain any microplastics.