Recent lawsuits say Arrowhead, Evian, Poland Spring, and other water bottlers are deceiving customers.
Source: Grist | May 23, 2024 | by Joseph WInters
Is bottled water really “natural” if it’s contaminated with microplastics? A series of lawsuits recently filed against six bottled water brands claim that it’s deceptive to use labels like “100 percent mountain spring water” and “natural spring water” — not because of the water’s provenance, but because it is likely tainted with tiny plastic fragments.
Reasonable consumers, the suits allege, would read those labels and assume bottled water to be totally free of contaminants; if they knew the truth, they might not have bought it. “Plaintiff would not have purchased, and/or would not have paid a price premium” for bottled water had they known it contained “dangerous substances,” reads the lawsuit filed against the bottled water company Poland Spring.
The six lawsuits target the companies that own Arrowhead, Crystal Geyser, Evian, Fiji, Ice Mountain, and Poland Spring. They are variously seeking damages for lost money, wasted time, and “stress, aggravation, frustration, loss of trust, loss of serenity, and loss of confidence in product labeling.”
Experts aren’t sure it’s a winning legal strategy, but it’s a creative new approach for consumers hoping to protect themselves against the ubiquity of microplastics. Research over the past several years has identified these particles — fragments of plastic less than 5 millimeters in diameter — just about everywhere, in nature and in people’s bodies. Studies have linked them to an array of health concerns, including heart disease, reproductive problems, metabolic disorder, and, in one recent landmark study, an increased risk of death from any cause.
Of the six class-action lawsuits, five were filed earlier this year by the law firm of Todd M. Friedman, a consumer protection and employment firm with locations in California, Illinois, Ohio, and Pennsylvania. The sixth was filed by the firm Ahdoot & Wolfson on behalf of a New York City resident.
Each lawsuit uses the same general argument to make its case, beginning with research on the prevalence of microplastics in bottled water. Several of them cite a 2018 study from Orb Media and the State University of New York in Fredonia that found microplastic contamination in 93 percent of bottles tested across 11 brands in nine countries. In half of the brands tested, researchers found more than 1,000 pieces of microplastic per liter. (A standard bottle can hold about half a liter of water.) More recent research has found that typical water bottles have far higher levels: 240,000 particles per liter on average, taking into account smaller fragments known as “nanoplastics.”
Originally published in Grist, click here to read more.