Cindy Baker filed a federal lawsuit in Los Angeles, alleging that there is a high amount of microplastics in Nestle’s Pure Life bottled water, in violation of state and federal laws. The lawsuit was seeking an injunction barring Nestle from selling and advertising Pure Life water.
At issue is a recent study by State University of New York and Orb Media on popular bottled water distributed in the U.S. According to that study, 93 percent of several top brands of bottled water are contaminated with microplastics, or time piece of plastic.
Challenge Must Be Taken Up by the FDA, Not a Federal Court
The dispute, according to the federal judge, should be handled by the FDA. Baker’s main claim is that Nestle claims the water is purified, but she alleges it is not. According to U.S. District Judge Virginia Phillips, Baker’s allegations are outside of the authority of her courtroom. “Congress has placed the issues raised in Plaintiff’s complaint – the labeling of bottled water as pure or purified–squarely within the jurisdiction of the FDA and depend on the FDA’s expertise,” the order said. And as for Baker’s state claim, she said that was pre-empted by the federal claim, citing a law which states no state consumer law can be less stringent than the corresponding federal law.
If you feel that your food packaging is misleading or untruthful, contact a local consumer protection attorney. A seasoned lawyer can listen to the facts of your case, and determine if you have an action for which to move forward.
Related Resources:
- Find a Consumer Protection Lawyer Near You (FindLaw’s Lawyer Directory)
- Kind Bars Sued for Misleading Customers With Ingredients (FindLaw Consumer Law)
- FDA Cracks Down on Use of Word ‘Milk’ (FindLaw Consumer Law)
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