In 2015, Americans consumed 11.7 billion gallons of bottled water, the second-largest beverage category after carbonated drinks. Bottled water volumes are increasing, particularly in the category of spring water. However, the complaint for this class action alleges that some companies that claim to sell spring water are selling mere well water.
The National Class for this action is all persons in the US who, within the statute of limitations before the filing of this case, extract or bottle spring water for sale in the US. There is also a Pennsylvania Subclass, consisting of all persons in the Commonwealth of Pennsylvania who, within the statute of limitations before the filing of this case, extract or bottle spring water for sale in Pennsylvania.
The US Food and Drug Administration (FDA) has requirements for water labeled as spring water:
It must be from “an underground formation which flows naturally to the surface of the earth.”
It “must be collected only at the spring.”
It “must have all the physical properties before treatment and must be of the same composition and quality as the water that flows naturally to the surface of the earth.”
Companies who aim to bottle spring water must spend considerable time and money finding developing, and maintaining natural springs; and spring water goes through a different type of processing than “purified water.” According to the complaint, spring water thus tends to sell at higher prices than water from wells or taps.
One of the defendants in this case, James J. Land, Jr., who does business as MC Resource Development, also known as Pine Valley Farms Springs, received a Public Water Supply Permit from Pennsylvania to extract water to bottle and sell. It labels this water as spring water.
The complaint makes several allegations:
- That the company’s permit identifies the type of water it extracts as “well water” and not spring water.
- That the water has been treated in ways that aren’t correct for spring water.
- That the water contains more particulates or trace elements than are permissible for spring water.
- That the water does not satisfy the FDA’s requirements for spring water.
The complaint contends that the three other defendants in this case—Niagara Bottling, LLC, Ice River Springs Water Co., Inc., and Crossroads Beverage Group—buy water from the first company, then bottle it and sell it as spring water. The complaint claims that all four companies are thus engaging in false advertising and unfair competition.
Article Type: LawsuitTopic: Consumer
Most Recent Case Event
Bottled Water Falsely Labeled as “Spring Water” Complaint
January 8, 2018
In 2015, Americans consumed 11.7 billion gallons of bottled water, the second-largest beverage category after carbonated drinks. Bottled water volumes are increasing, particularly in the category of spring water. However, the complaint for this class action alleges that some companies that claim to sell spring water are selling mere well water. It alleges that James J. Land, Jr. has a permit to extract “well water” only; that the company bottles and labels the well water as spring water; and that it sells the well water to three other companies who also bottle and label it as spring water.
niagara_bottling_spring_water_complaint.pdfCase Event History
Bottled Water Falsely Labeled as “Spring Water” Complaint
January 8, 2018
In 2015, Americans consumed 11.7 billion gallons of bottled water, the second-largest beverage category after carbonated drinks. Bottled water volumes are increasing, particularly in the category of spring water. However, the complaint for this class action alleges that some companies that claim to sell spring water are selling mere well water. It alleges that James J. Land, Jr. has a permit to extract “well water” only; that the company bottles and labels the well water as spring water; and that it sells the well water to three other companies who also bottle and label it as spring water.
niagara_bottling_spring_water_complaint.pdf