April 1, 2025 (Washington, D.C) – The District of Columbia Superior Court denied Danone Waters of America’s motion to dismiss a lawsuit against the company for false and deceptive marketing on March 18, 2025. The lawsuit, brought by Plastic Pollution Coalition (PPC), a project of Earth Island Institute, in July 2024, alleges that Danone Waters of America is in violation of D.C.’s Consumer Protection Procedures Act (CPPA) for representing evian bottled water as “natural” and “sustainable,” despite the presence of microplastics and the plastic chemical bisphenol-A (BPA). The lawsuit also argues that evian’s use of plastic packaging contributes significantly to plastic pollution and is inherently unsustainable.
In its decision, the D.C. Superior Court rejected Danone Waters of America’s arguments for dismissal on multiple grounds, ruling that federal law does not preempt the claims brought under the CPPA. Additionally, the court found that Plastic Pollution Coalition sufficiently pled its claim that Danone’s representations regarding evian’s “natural spring water” label and statements regarding the company’s sustainability commitments could be misleading to consumers. The court also denied Danone’s request to strike PPC’s jury demand without prejudice to further briefing, and ultimately allowed the case to move forward.
Scott Hochberg, General Counsel of Earth Island Institute, said: “The Court’s decision reaffirms that companies will be held responsible for misleading assertions about their products. We will continue to hold corporations accountable for blatant greenwashing and deceptive marketing.”
While Danone’s marketing and package design make representations as to the “sustainability” and “natural” quality of evian products, an independent laboratory evaluation found evian bottled water products to contain synthetic microplastics and BPA—unnatural substances that are harmful to both the environment and human health. Microplastics have been linked to serious
health problems including fertility issues, heart attack, neurodegenerative disorders, stroke, and even death, while BPA and other bisphenols, which are added to plastics to increase their rigidity, are known endocrine (hormone) disruptors. Additionally, though Danone claims its plastic bottles are “100% recyclable” and “Made from 100% Recycled Plastic,” the vast majority of plastic waste that is collected for recycling worldwide is never actually recycled—exacerbating the global plastic crisis and environmental injustice.
Julia Cohen, MPH, Co-Founder and Managing Director of Plastic Pollution Coalition, said: “Corporations selling plastic bottled water have for decades profited from deceiving consumers about the healthfulness and quality of their products. The court’s recent decision represents a positive step forward in holding bottled water companies accountable for their false advertising.”
Plastic Pollution Coalition is represented by Richman Law & Policy, which specializes in consumer protection law.
About Plastic Pollution Coalition:
Plastic Pollution Coalition is a non-profit communications and advocacy organization that collaborates with an extensive global alliance of organizations, businesses, and individuals to create a more just, equitable, regenerative world free of plastic pollution and its toxic impacts. Plastic Pollution Coalition is a project of Earth Island Institute.
Press Contact:
Plastic Pollution Coalition
Erica Cirino, Communications Manager
Press@plasticpollutioncoalition.org
+1(323) 936-3010 x1
About Richman Law & Policy
Richman Law & Policy is the leading law firm representing consumers and nonprofit organizations in legal advocacy challenging deceptive marketing claims regarding “greenwashing” and “humanewashing” of consumer products. Using consumer protection statutes and other legal tools, Richman Law & Policy has successfully brought numerous actions against companies and operations that deceive consumers about their alleged sustainability practices.