US lawsuit filed against Danone Waters of America over “misleading” health and sustainability claims
25 Jul 2024 --- The Plastic Pollution Coalition (PPC) has filed a US lawsuit against Danone Waters of America for false and deceptive marketing in violation of the District of Columbia’s Consumer Protection Procedures Act (CPPA).
PPC alleges the company’s promotion of its Evian bottled water as “sustainable, natural and healthy” is misleading given the product packaging contains bisphenol-A (BPA) and is made of plastic.
An independent laboratory evaluation commissioned by PPC revealed both microplastics and BPA in Evian bottled water products, which the advocacy group says cannot be classed as natural or healthy.
“Earth Island would like to see Danone remove all misleading statements regarding their evian bottled water on packaging and in advertising. Additionally, we hope that Danone takes meaningful action toward addressing the plastic crisis and achieving real sustainability in their supply chain,” Sumona Majumbdar, CEO of Earth Island Institute, tells Packaging Insights.
“[PPC] will continue to insist that corporations, like Danone, be honest with consumers about their products, especially when it comes to human and environmental health. There is nothing ‘natural’ about water containing petrochemical products and there is nothing ‘sustainable’ about single-use plastic bottles.”
We have contacted Danone for a comment.
Microplastics and health
While Danone has not commented on whether the labeling might refer to the water rather than the packaging itself, the PPC insists that the mounting evidence against microplastics and BPA is evidence enough that its marketing is misleading.
Plastic bottle waste is linked to numerous human health problems.Over the past several years, scientists have detected the presence of microplastic particles throughout the human body, in F&B products and the remotest parts of the world. Their presence has been linked to fertility issues, heart attacks, neurodegenerative disorders, stroke and other serious health problems.
BPA and other bisphenols, which are added to plastics to increase their rigidity, are known to disrupt the human endocrine systems, and have been identified as among the most concerning of the more than 16,000 chemicals that are added to plastics, says the PPC.
The PPC’s lawsuit also alleges that Danone Waters of America perpetuates misleading industry narratives around plastic recycling by advertising its Evian products as “100% recyclable” and including “Made from 100% Recycled Plastic” on product packaging.
According to PPC, most plastic items, including plastic bottles, collected for recycling are never actually recycled. Instead, plastics collected for recycling are most often sent to landfills or incinerators or shipped overseas, perpetuating plastic production and its “resultant pollution and environmental injustices.”
Product or packaging
The PPC also says that companies like Danone use the potential difference between the product (water) and the plastic packaging to blur the viability of the labeling claims.
Julia Cohen, co-founder and managing director of PPC, says: “Bottled water companies continue to capitalize on the healthiness of water — despite the significant toxic toll that the plastic bottles they package the water in takes on our planet and our bodies.”
“The claims these companies make about their products being ‘sustainable’ and ‘natural’ are inaccurate and misleading to consumers.”
Danone Waters of America is a subsidiary of French multinational food corporation Danone.
According to its Evian website, Danone began importing Evian Products from France into the US and Canada in 1978, and the Evian brand is now sold in more than 140 countries.
In 2023, Danone was the second biggest seller in packaged waters worldwide, and its Evian bottled water was the corporation’s second best selling bottled water after its Aqua brand, according to its annual report.
By Louis Gore-Langton
