Court Dismisses Microplastics Consumer Protection Suit Citing Federal Preemption
In a recent case from the United States District Court for the Northern District of Illinois, two plaintiffs alleged that Danone Waters of America, LLC (“Danone”) violated Illinois and California state statutes by labeling Evian spring water “natural” despite the presence of microplastics which leach from the plastic bottles into the water. Daly v. Danone Waters of America, LLC, 2024 WL 4679086 (N.D. Ill. Nov. 5, 2024).
Danone filed a motion to dismiss the plaintiffs’ complaint on the grounds that bottled “spring water” is federally regulated and that the plaintiffs’ attempts to tack on additional requirements under state consumer protection statutes were subject to federal conflict preemption. After analyzing the relevant federal regulatory provisions, the court agreed with Danone and dismissed the plaintiffs’ complaint without prejudice.
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