Tag: water
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California Judge Says Product Claims Were Preempted or Non-Actionable Puffery
According to a news source, a Los Angeles Superior Court has dismissed a putative class action seeking damages against One World Enterprises LLC for allegedly misleading consumers about the nutritional value and hydrating properties of its coconut water product. Shenkman v. One World Enters. LLC, No. BC467165 (Cal. Super. Ct., Los Angeles Cty., dismissed on July…
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Court Dismisses “All Natural” Suit Against Lifewater® Makers
A federal court in California has dismissed with prejudice a putative class action filed in March 2012 against the companies that make a line of SoBe® beverages known as 0 Calories Lifewater®. Hairston v. S. Beach Beverage Co., Inc., No. 12-1429 (C.D. Cal., decided May 18, 2012). Further details about the case appear in Issue…
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Class Action Challenges “All Natural” Claims for 0 Calories Lifewater® Beverages
A California resident has filed a putative class action in a California federal court against the companies that make a line of SoBe® beverages known as 0 Calories Lifewater®, alleging that the product labels and promotions are misleading. Hairston v. S. Beach Beverage Co., Inc., No. 12-1429 (C.D. Cal., filed February 21, 2012). According to…
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Lawsuit Claims “Hyperoxygenated” Water Fails to Deliver Promised Benefits
A California resident has filed a putative nationwide class action against Austrian and British companies that sell Oxygizer®, a “designer water” product promoted as an athletic performance aid, alleging that increased oxygen content cannot deliver the benefits claimed. Ghazarian v. Oxy Beverages Handelsgelsellschaft mbH, No. 11-8860 (C.D. Cal., filed October 26, 2011). The companies purportedly…
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FDA Sets Allowable Level for DEHP in Bottled Water
The Food and Drug Administration (FDA) has announced changes to its bottled water quality standard “by establishing an allowable level for the chemical di(2-ethylhexyl)phthalate (DEHP).” Effective April 16, 2012, the final rule establishes “in § 165.110(b)(4)(iii)(C) (21 CFR 165.110(b)(4)(iii)(C)), which includes allowable levels for pesticides and other synthetic organic chemicals, an allowable level for DEHP…
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Dispute over Allegedly Defective Bottles Settles
While settlement terms are apparently confidential, a high-end bottled water company has reportedly settled its claims against a company that supplied bottles which reacted to the water by causing foaming and a poor taste. Penta Water Co. v. Zuckerman-Honickman, Inc., No. 09-2633 (E.D. Pa., dismissed with prejudice September 21, 2011). The water company evidently switched…
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New Class Actions Deem Coconut Water’s Health Claims Misleading
A California resident has filed a pair of putative class actions in state court against companies that market their coconut water with purportedly exaggerated nutrient claims and overstated hydrating benefits or as a miracle cure for a host of medical problems. Shenkman v. All Mkt., Inc., No. BC 467166; Shenkman v. One World Enters. LLC, No.…
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Cases Recently Filed—Food Pyramid, Caffeine/Alcohol Drinks, Salad Dressing, and Bottled Water
The Physicians Committee for Responsible Medicine (PCRM) has filed a lawsuit seeking a response to its petition calling for the withdrawal of the federal government’s “current MyPyramid food diagram and dietary guidelines” and the adoption of PCRM’s “Power Plate food diagram and dietary guidelines.” PCRM v. Vilsack, No. 11-00038 (D.D.C., filed January 5, 2011). Brought against…