By Jonathan Stempel
(Reuters) - The maker of Evian spring water, Danone (EPA:DANO), won the dismissal of a lawsuit on Tuesday accusing it of defrauding consumers with labels that claim the water is "natural" even though it contains microplastics that seep from the bottle.
U.S. District Judge Thomas Durkin in Chicago said the U.S. Food and Drug Administration regulation for spring water does not mention microplastics, preempting the plaintiffs' claim that concealing their presence violates state consumer protection laws.
"The regulation defines 'spring water' as, in part, the water that is harvested from a 'natural spring,'" Durkin wrote. "As long as water comes from a 'natural spring' it can be labeled 'spring water,' and by extension 'natural.'"
Durkin found it unnecessary to address whether the regulation also addresses the content of water, not just the source.
Michael Daly and Michael Dotson, who led the proposed class action, said Danone's labeling caused them to pay premium prices for Evian, which they called a "non-premium" product.
They sought unspecified damages of at least $5 million for U.S. purchasers over the last five years. Durkin gave them until Dec. 6 to amend their complaint.
Lawyers for the plaintiffs did not immediately respond on Wednesday to requests for comment. Danone, based in Paris, and its lawyer did not immediately respond to similar requests.
The lawsuit is among hundreds of proposed class actions filed annually against food producers, many challenging the accuracy of labels.
In January, a federal judge in White Plains, New York, said Danone must face a consumer lawsuit challenging its "carbon neutral" claim on Evian bottles, saying the term was ambiguous and could be confusing. That lawsuit remains unresolved.
The case is Daly et al v Danone Waters (NYSE:WAT) of America LLC, U.S. District Court, Northern District of Illinois, No. 24-02424.