Nestle class action over falsely advertised Poland Spring flavored water dismissed

Update:

• A New York federal judge dismissed a class action lawsuit against Nestlé that alleged its Poland Spring Raspberry Lime Sparkling Water was flavored with a lab-made flavor compound when customers expected the flavor to come from natural limes or raspberries. 
• On July 27, U.S. District Judge Nelson S. Roman threw out the class action alleging Nestlé misled consumers, finding that the product’s “raspberry lime” label simply indicates what the product tastes like.
• Judge Roman compared the case to other dismissed lawsuits in which courts looked at the word “vanilla” on food labels. He said the word “vanilla” did not indicate the flavor came only from vanilla beans and that the same reasoning could be applied in this case.
• “Here, when assessing the product’s packaging as a whole, the label’s use of the phrase ‘With a Twist of Raspberry Lime’ merely represents that the product is raspberry and lime flavored,” he wrote.

UPDATE 05/04/21:

• A BlueTriton Brands (formerly Nestlé Waters North America) spokesperson has provided the following statement to Top Class Actions: Poland Spring® Brand Sparkling Water is made with real fruit flavors, 100% natural spring water and bubbles. The claims made in this lawsuit are without merit. Our product labeling complies with all United States Food and Drug Administration regulations for natural ingredients and we stand behind the safety and quality of our products. BlueTriton Brands is highly confident in our legal position and will defend ourselves vigorously.

Multinational food and beverage company Nestlé’s Poland Spring Raspberry Lime Sparkling Water is flavored with a laboratory made flavor compound that contains barely any, if any at all, natural limes or raspberries, a new class action lawsuit claims.

The class action lawsuit was filed in New York on May 2 by lead Plaintiff Brandy Oldrey, who alleges that the company misrepresented the bottled water through affirmative statements, half-truths, and omissions.

Oldrey bought Poland Spring flavored sparkling water a number of times expecting it to contain “the non negligible amounts of the named fruit ingredients, not just for flavor but for their nutritive value,” according to the claim.

Oldrey says that Nestlé’s statements on the bottle lead customers to expect the presence of a “non-de minimis amount of raspberry and lime ingredients,”  from real fruit based on the pictures of the fruits and labelling that promises the water is made “With a Twist of Raspberry [and] Lime.”

However, the small print on the bottle tells a different story.

According to the class action lawsuit, the labelling on the bottle says that the water is “Naturally Flavored With Other Natural Flavors,” an implicit admission that the beverage does not contain a “Twist of Raspberry [and] Lime,” as advertised, and instead has a de minimis amount of raspberry and lime ingredients.”

“In fact, most of the Product’s flavoring is from non-raspberry and non-lime flavors.”

Because raspberry oil or raspberry extract and lime juice are not separately identified ingredients, it means that any real raspberry and lime is necessarily present as a flavoring, and is a de minimis or a trace amount of the “Natural Flavors,” the claim states.

“According to flavor expert Bob Holmes, if a product provided ‘all the flavor depth’ of the named fruit ingredients, i.e., raspberry or lime, the label would clearly state, ‘raspberry oil, lime juice’ instead of ‘Natural Flavors’,” the class action lawsuit states.

In the last five years, sparkling water sales have increased over 40 percent, with Americans consuming 170 million gallons each year, the claim states, adding consumers have cut back on sugary drinks and fruit juices to explore more natural alternatives.

As such, consumers want the nutritive benefits of flavored waters, and in this case they sought the vitamins, antioxidants, fatty acids, and minerals of the limes and raspberries, the class action lawsuit claims. Because of Nestlé’s false and misleading representations, consumers, including Oldry, bought the drink at a premium price.

Oldrey wants to represent a Class of New Yorkers who bought Poland Spring Raspberry Lime Sparkling Water. She is suing for violation of state business law, breach of warranty, fraud, negligent misrepresentation, and unjust enrichment, and is seeking certification of the Class, injunctive relief, damages, legal fees, and a jury trial.

Nestlé isn’t the only company facing legal action over the false advertising of flavored waters. In April, Kroger was hit with a class action lawsuit alleging the company’s fruit-flavored sparkling water products aren’t actually flavored with fruit, but instead with a chemical manufactured in a petrochemical factory.

Whole Foods is also facing a similar class action lawsuit, that alleges its Lemon Raspberry Italian Sparkling Mineral Water is not lemony enough and contains a negligible amount of raspberries.

Do you drink flavored sparkling water? Have you checked the back to see if the fruits advertised are listed in the ingredients? Let us know in the comments section!

Oldrey is represented by Spencer Sheehan of Sheehan & Associates, P.C.

The Poland Spring Sparkling Water False Advertising Class Action Lawsuit is Brandy Oldry vs. Nestlé Waters North America, Inc., Case No. 7:21-cv-03885, in the US District Court for the Southern District of New York.

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