Nestlé USA, Inc. makes Perrier sparkling mineral water, including a variety of it advertised as “Lime.” But the complaint alleges that the product is deceptive and misleading, because it contains only a de minimis amount of real lime and instead uses a green bottle and incorrect labeling to give the impression of real lime content.
Two classes have been defined for this action:
- The Florida Class is all persons in Florida who bought the product during the applicable statutes of limitations.
- The Consumer Fraud Multi-State Class is all persons in Utah, South Dakota, Kansas, Mississippi, Arkansas, Alaska, Wyoming, and South Carolina who bought the product during the applicable statutes of limitations.
Federal food labeling regulations prohibit containers that are “made, formed, or filled [so] as to be misleading[.]” This provision is usually applied to products with opaque packaging and too much “slack fill” or empty space inside, but the complaint argues that it applies to other kinds of misleading packaging as well.
Other examples cited by the complaint are (1) thicker glass bottles for olives, cherries, or the like that may magnify the fruits inside to make them look larger, (2) colored cellophane wrapping, for example, green cellophane to make limes look greener or orange cellophane to make oranges look riper, or (3) false bottoms in boxes. The complaint alleges that Perrier’s green bottle is meant to make the water inside seem greener, as if it contains a good deal of lime.
Page 4 of the complaint shows two images of the bottle, one a close-up of the label. The label bears the word “Lime” and two half-slices or wedges of lime on a lime-green surface.
However, the next page shows a small tag on the side of the bottle that says “Flavored Carbonated Mineral Water.” The complaint calls this an “attempt to disclaim any lime ingredients[.]” The word “Flavored,” the complaint alleges, tells consumers that “the Product has a line taste, but not if it contains an appreciable amount of lime, or enough to independently provide its taste.”
The ingredient list on the back of the bottle at the bottom shows “Mineral Water, Carbon Dioxide, [and] Natural Flavors.”
“According to flavor expert Robert Holmes,” the complaint alleges, “if the Product provided ‘all the flavor depth’ and nutritive attributes of limes, the ingredients would list ‘lime juice’ instead of ‘Natural Flavors.’”
The complaint alleges that that front label should disclose the source of flavor with the statement, “natural lime flavored with other natural flavors.”
However, according to the complaint, “lab analysis reveals or would reveal a relative abundance of limonene and citral, compared to the other key odor-active compounds in limes, which indicates a de minimis amount of lime.”
The complaint alleges that consumers prefer sparkling water flavored with a bit of fruit because it is more natural and less processed, and may also contain some nutritional value, such a vitamin C, from the fruit.
Article Type: LawsuitTopic: Consumer
Most Recent Case Event
Perrier Lime Sparkling Water Contains Little Lime Complaint
January 29, 2023
Nestlé USA, Inc. makes Perrier sparkling mineral water, including a variety of it advertised as “Lime.” But the complaint alleges that the product is deceptive and misleading, because it contains only a de minimis amount of real lime and instead uses a green bottle and incorrect labeling to give the impression of real lime content.
Perrier Lime Sparkling Water Contains Little Lime ComplaintCase Event History
Perrier Lime Sparkling Water Contains Little Lime Complaint
January 29, 2023
Nestlé USA, Inc. makes Perrier sparkling mineral water, including a variety of it advertised as “Lime.” But the complaint alleges that the product is deceptive and misleading, because it contains only a de minimis amount of real lime and instead uses a green bottle and incorrect labeling to give the impression of real lime content.
Perrier Lime Sparkling Water Contains Little Lime Complaint