Description: Greenwashing class action lawsuit alleging that manufacturer and seller of Evian Natural Spring Water bottled water made false and misleading representations that the product was “carbon neutral.”
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Dorris v. Danone Waters of America
Case Documents:
Filing Date Type File Action Taken Summary 01/10/2024 Opinion and Order Download Motion to dismiss granted in part and denied in part. Federal Court Let Consumers Continue with Claims that Evian Water Was Misleadingly Marketed as “Carbon Neutral”. The federal district court for the Southern District of New York allowed consumer plaintiffs to proceed with claims based on their allegations that the defendant manufacturer made false and misleading claims that evian water is “carbon neutral.” The court concluded that it could not determine as a matter of law that the term “carbon neutral” did not have the capacity to mislead. The court found that the term was “a technical word not within an average consumer’s common parlance and carrying multiple meanings” and that it was plausible that the term could mislead a reasonable consumer. The court also found that “carbon neutral” was the type of “general environmental benefit claim” that the Federal Trade Commission’s Green Guides warn against; that the plaintiffs’ allegations regarding consumer confusion were sufficient; and that the defendant “expects too much” from consumers when it directs them beyond the label to websites to learn what “carbon neutral” means. The court therefore declined to dismiss claims under the Massachusetts consumer protection statute and the California Consumers Legal Remedies Act. The court also found that the plaintiffs’ allegations that they paid a price premium based on the alleged misrepresentation was sufficient to allege an injury. In addition, the court allowed the plaintiffs to proceed with a fraud claim, and with breach of express warranty and unjust enrichment claims under California law. The court dismissed claims under Sections 349 and 350 of New York’s General Business Law without prejudice because the plaintiffs did not allege they were deceived in New York. The court also dismissed an implied warranty claim under California law and an express warranty claim under Massachusetts law without prejudice. 04/27/2023 Motion to Dismiss Download Memorandum of law filed in support of motion to dismiss the first amended complaint. 01/05/2023 Complaint Download First amended class action complaint filed. 10/13/2022 Complaint Download Complaint filed. Lawsuit Charged that “Carbon Neutral” Labeling of Evian Water Was Misleading. A greenwashing class action lawsuit filed in the federal district court for the Southern District of New York asserted that the manufacturer and seller of Evian Natural Spring Water bottled water made false and misleading representations that the product was “carbon neutral.” The complaint alleged that the manufacturing process was not carbon neutral, and that even under the “carbon offset” definition of “carbon neutral,” the organizations with which the defendant worked to generate offsets contribute to pollution currently and the offsets will not take place for decades. The complaint asserted claims under California’s Consumers Legal Remedies Act and New York General Business Law §§ 349 (prohibits deceptive acts or practices in the conduct of any business, trade, or commerce) and 350 (prohibits false advertising in the conduct of any business, trade, or commerce), as well as claims for breach of express warranty, breach of implied warranty, unjust enrichment, and fraud.