Perrier class action over false advertising dismissed

Update: 

• A federal judge in Florida dismissed a class action lawsuit claiming Nestle misleads consumers about how much lime is in its Perrier carbonated water beverages. 
• U.S. District Judge M. Casey Rodgers determined the labeling Nestle uses for the product does not contain language that would suggest it is made with lime. 
• The class action lawsuit argued Nestle deceptively labeled the Perrier bottles through both text and imagery and claimed consumers would need to turn the product around to see it contained no lime juice. 
• Judge Rodgers ruled the class action lawsuit failed to allege a reasonable consumer who read the product’s labeling would think it contained “an appreciable amount of lime” and noted that nowhere does it state it was made with lime.

Nestle Perrier Lime class action lawsuit overview: 

• Who: Nancy McCoy filed a class action lawsuit against Nestlé USA Inc. 
• Why: McCoy claims Nestlé misrepresents that its Perrier Lime sparkling mineral water product contains lime ingredients. 
• Where: The class action lawsuit was filed in Florida federal court. 

(Feb. 2, 2023)

Nestlé misleadingly represents that its Perrier Lime sparkling mineral water contains lime ingredients, a new class action lawsuit alleges. 

Plaintiff Nancy McCoy claims Nestlé’s Perrier Lime sparkling mineral water contains only de minimis or negligible amounts of lime, despite the product’s “green-tinted bottle and picture of limes.” 

McCoy argues the only effort Nestlé makes to disclaim that the product does not contain lime ingredients is a statement on the bottle that says “Flavored Carbonated Mineral Water.” 

“By using the word ‘Flavored,’ consumers will know the Product has a lime taste, but not if it contains an appreciable amount of lime, or enough to independently provide its taste,” the Nestlé class action states. 

McCoy wants to represent a Florida class and multistate consumer fraud class of individuals who have purchased Nestlé’s Perrier Lime sparkling mineral water product during the statutes of limitations. 

Nestlé’s Perrier Lime sparkling mineral water contains ‘natural flavors’ in lieu of lime juice, class action says

The ingredients list for the Perrier Lime sparkling mineral water lists “Natural Flavors” rather than “lime juice,” signifying the product simply has “flavor compounds which imitate the taste of limes,” the Nestlé class action alleges. 

“As lime juice is not a separately identified ingredient, any real lime does not exceed trace or de minimis levels as part of the natural flavors,” the Nestlé class action states. 

McCoy claims Nestlé is guilty of unjust enrichment, fraud and negligent misrepresentation, and of violating the Florida Deceptive and Unfair Trade Practices Act, several state consumer fraud acts and the Magnuson Moss Warranty Act. 

Plaintiff is demanding a jury trial and requesting injunctive relief along with an award of monetary, statutory, and/or punitive damages for herself and all class members. 

A similar class action lawsuit was filed against The Coca-Cola Co. in January over claims the company misled consumers about the fruit contents of its Fresca citrus-flavored sparkling soda beverages. 

Have you purchased Nestlé’s Perrier Lime sparkling mineral water? Let us know in the comments. 

The plaintiff is represented by Spencer Sheehan of Sheehan & Associates PC. 

The Nestle Perrier Lime class action lawsuit is McCoy, et al. v. Nestlé USA Inc., Case No. 3:23-cv-02218, in the U.S. District Court for the Northern District of Florida.

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