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Danone wins termination of Evian microplastics lawsuit in Chicago

The maker of Evian spring water, Danone, won the dismissal of a lawsuit on Tuesday implicating it of defrauding consumers with labels that claim the water is natural although it consists of microplastics that seep from the bottle.

U.S. District Judge Thomas Durkin in Chicago said the U.S. Food and Drug Administration guideline for spring water does not discuss microplastics, preempting the plaintiffs' claim that hiding their existence breaches state consumer security laws.

The regulation specifies 'sparkling water' as, in part, the water that is collected from a 'natural spring,' Durkin composed. As long as water comes from a 'natural spring' it can be identified 'spring water,' and by extension 'natural.'

Durkin found it unneeded to attend to whether the regulation also attends to the material of water, not just the source.

Michael Daly and Michael Dotson, who led the proposed class action, stated Danone's labeling caused them to pay premium costs for Evian, which they called a non-premium item.

They sought undefined damages of at least $5 million for U.S. buyers over the last five years. Durkin gave them up until Dec. 6 to modify their problem.

Attorneys for the plaintiffs did not instantly react on Wednesday to requests for comment. Danone, based in Paris, and its lawyer did not immediately respond to comparable requests.

The claim is among hundreds of proposed class actions submitted every year versus food manufacturers, lots of challenging the accuracy of labels.

In January, a federal judge in White Plains, New york city, said Danone needs to deal with a customer suit challenging its carbon. neutral claim on Evian bottles, stating the term was uncertain. and might be confusing. That lawsuit remains unsolved.

The case is Daly et al v Danone Waters of America LLC, U.S. District Court, Northern District of Illinois, No. 24-02424.

(source: Reuters)