In 2019, Vox and the New York Times reported a class-action lawsuit against Nestlé Waters, the owner of Poland Spring, accusing the company of falsely marketing its product as “100% natural spring water.” The lawsuit, filed two years previously, claims Poland Spring water is actually ordinary groundwater collected from wells, not from natural springs as advertised. A recent court ruling has allowed the case to proceed, challenging the authenticity of Poland Spring’s water sources and their compliance with the FDA’s definition of “spring water.”
According to our Northern New Jersey product liability lawyers, this case highlights broader issues in the bottled water industry, including misleading advertising and the unclear regulatory standards for what constitutes spring water. If you are concerned that you have been harmed by this or a similar product, a product liability attorney at Buttafuoco & Associates may be able to help. Get in touch today at 1-800-NOW-HURT.
Definition of Spring Water
When it comes to spring water, there are clear guidelines from the FDA to ensure its authenticity. According to regulations, “spring water” must come from an underground source where water flows naturally to the surface. This means the water should be collected directly at the spring or from a bore hole that taps into the same underground source. For the water to be labeled as spring water, it must flow naturally from the spring, and if collected using a bore hole, there must be a direct connection between the spring and the bore hole.
In simple terms, if a company says its water is “spring water,” they must prove that it comes from a real, natural source and maintains the same quality and properties as it did when it flowed naturally. If a company uses external force to collect the water, they must show that there is a proper connection between the natural spring and their collection method.
Details of the Allegation
The class action lawsuit alleges Poland Spring’s claim to be “100% spring water” is “colossal fraud perpetrated against American consumers.” The plaintiffs go on to argue that the eight sites where Poland Spring water is collected are not springs by the FDA definition, instead being drawn from groundwater very close to the earth’s surface, undermining the implication of natural purity implied by the term “spring water” and associated marketing.
The lawsuit also brings water’s purity into question. The plaintiffs highlight, among other things, that four of the largest primary sources for Poland Spring water “are near a present or former human waste dump, refuse pit, landfill … or toxic petroleum dump site.” You don’t need to be a Northern New Jersey product liability attorney to see that this is plainly at odds with the concept of 100% natural spring water.
Our product liability lawyers serving Northern New Jersey are quick to point out that this is not the first time that Poland Spring water has been under scrutiny for false advertising. A similar case was brought in 2003, alleging that Poland Spring was not spring water as advertised.
A Potential for Precedent
The Poland Spring lawsuit raises serious questions about the authenticity of bottled water claims. If successful, our product liability attorneys in Northern New Jersey speculate that it could lead to stricter regulations and more transparent labeling in the industry. Consumers may see changes in how “spring water” is defined and marketed. At Buttafuoco & Associates, we’re monitoring the case closely, as it could set important legal precedents. If you are facing a case where you feel you have been harmed by a product that was misrepresented, get in touch today for a free consultation.
