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Update:
- A federal judge in New York denied Danone Waters of America’s motion to dismiss a class action lawsuit accusing it of falsely advertising its Evian-branded bottled water as “carbon neutral.”
- Evian argued no reasonable consumer would believe no carbon dioxide would be produced in the product’s production and shipment.
- U.S. District Judge Nelson S. Roman ruled consumers are confused by the term “carbon neutral” and Evian expected too much from consumers to learn what it means before placing it on the label of the product.
- A pair of consumers filed the complaint in October 2022, arguing Danone falsely advertises Evian bottled water in an effort to mislead consumers seeking environmentally sustainable products.
Evian carbon neutral bottles class action lawsuit overview:
- Who: Stephanie Dorris filed a class action lawsuit against Danone Waters of America.
- Why: Dorris claims Danone falsely labels that the water bottles for its Evan brand bottled water are carbon neutral.
- Where: The class action lawsuit was filed in New York federal court.
(10/17/2022)
Danone Waters of America falsely labels the plastic bottles for its Evian brand of bottled water as carbon neutral, a new class action lawsuit alleges.
Plaintiff Stephanie Dorris claims the Evian water bottles are not actually carbon neutral because carbon dioxide is allegedly released into the atmosphere during the manufacturing process for them.
Dorris argues Danone can also not say that it offsets the carbon emissions produced during the manufacturing process since the organizations it works with for carbon credits allegedly “do not currently or actually reduce CO2 emissions.”
“Accordingly, even under the ‘carbon offset’ definition of ‘carbon neutral,’ Defendant’s claim is still false,” states the Evian class action.
Dorris wants to represent a nationwide class and California subclass of consumers who have purchased an Evian brand bottle of water.
Danone accused of ‘greenwashing’ product to appeal to eco-friendly consumers
Danone falsely labels its Evian water bottles as carbon neutral in order to convey to consumers that its products are environmentally friendly as part of a marketing ploy known as ‘greenwashing,’ the Evian class action alleges.
“Because of the widespread concern about the climate crisis, consumers have increasingly sought out environmentally sustainable products,” states the Evian class action.
Dorris claims Danone is guilty of unjust enrichment and breach of implied and express warranty, and in violation of New York General Business Law, and the California Consumers Legal Remedies Act.
A similar class action lawsuit was filed last year against Bluetriton Brands and Niagara Bottling by a consumer claiming the companies mislead consumers into believing the water bottles they produce can be completely recycled.
Have you purchased an Evian brand bottle of water? Let us know in the comments!
The plaintiff is represented by Max S. Roberts and Brittany S. Scott of Bursor & Fisher, P.A.
The Evian carbon neutral bottles class action lawsuit is Dorris v. Danone Waters of America, Case No. 7:22-cv-08717, in the U.S. District Court for the Southern District of New York.
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