Danone, the maker of Evian Spring Water, has won a dismissal of a lawsuit challenging the company's “carbon neutral” claims for its bottles, with a US judge reversing an earlier ruling and allowing a proposed class action lawsuit to proceed. .
Consumers accused Danone of tricking Evian into buying the products without knowing that the manufacturing process would release carbon dioxide into the atmosphere.
U.S. District Judge Nelson Roman in White Plains, New York, ruled on January 10 that “carbon neutral” is ambiguous and that Danone has “undue” expectations for consumers to understand the meaning of Evian's label. handed down a judgment.
After Danone asked for reconsideration, Roman said in Thursday's decision that he “looked beyond the front label” that depicted a mountain and said Evian came from the French Alps, and that the back label He said he was confident that a reasonable consumer would check the
Danone then provided a link to Evian's website and explained in more detail what carbon neutrality meant.
Danone's representations are “technically true and relevant disclosures have been provided to consumers,” Roman wrote.
Plaintiffs Stephanie Doris of California and John Asiotakis of Massachusetts said they paid a premium for Evian because they equated “carbon neutral” with being environmentally friendly.
Lawyers for the plaintiffs did not respond to requests for comment Monday. The judge granted leave to file a second amended complaint.
Chicago federal judge dismisses lawsuit accusing Danone of deceiving consumers by claiming on label that Evian is “natural” despite containing microplastics that leach from the bottle The verdict was handed down nine days later.
Danone's products also include Danone, Oikos, and Activia yogurt. The company is headquartered in Paris, with its North American headquarters in White Plains.
The case is Dorris et al v Danone Waters of America, United States District Court, Southern District of New York, No. 22-08717.
