Perrier Mineral Water Is Falsely Advertised, Class Action Alleges

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A proposed class action lawsuit alleges Nestlé USA Inc. has misled consumers about the purity and quality of its Perrier natural mineral water.

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According to the 23-page lawsuit, the packaging of the mineral water—including its sparkling and flavored carbonated varieties—features a statement that reads, “Water Captured at the Source in France” next to images of what appear to be naturally occurring bubbles, presumably from the famous Perrier spring.

However, the suit claims these representations are misleading because the product does not meet the “standard identity” for natural mineral water. In fact, the beverage is a blend of mineral and non-mineral water and has been subjected to treatments and disinfection processes that are typically unnecessary when mineral water originates from an underground source protected from pollution or contamination, the case contends.

A recent French investigation of Perrier mineral water bottling plants, among other brands, revealed “extensive” use of practices inconsistent with the country’s regulations for the sale of mineral water, the complaint relays. According to reports, an advocacy group called foodwatch France filed a complaint last month with a Paris court over allegations that Perrier and other brands have illegally treated contaminated mineral water and, thereby, misrepresented their products.

The lawsuit, which follows on the heels of the ongoing French investigations into Nestlé’s “massive fraud,” claims Perrier mineral water is “misbranded” because, for one, its underground water source in Vergèze, France is “no longer protected.”

Per the suit, the United States Food and Drug Administration (FDA) states that a product must come from a “geologically and physically protected underground water source” to qualify as mineral water. However, the case shares that Perrier’s sources “are or may be regularly contaminated” by bacteria and chemical pollutants.

To combat this, Nestlé has reportedly treated the water through disinfection and microfiltration methods that are usually applied only to lower-quality, non-mineral water, the complaint explains.

As the filing tells it, “buyers of mineral water do not expect it to undergo similar treatments to tap water, considering its significantly higher cost.”

The lawsuit points out that although the company has purported that environmental changes around its water source have made it difficult to maintain the essential characteristics of mineral water in its product, the FDA has stipulated that “when the natural mineral water at source becomes polluted and no longer meets the microbiological criterion for human consumption, all operations leading to the commercial sale should be suspended.”

The suit goes on to claim that, according to findings from the French investigation, Nestlé has also used blends of mineral and non-mineral water in its product. As such, the beverage is “misbranded” because it “no longer meet[s] the FDA definition of mineral water,” the case charges.

Per the complaint, the government agency also asserts that “significant alterations to the source water for mineral water” must be disclosed on the product’s label “because it is no longer unmodified ground water and differs significantly from the water that was harvested.”

Nestlé’s “deceptive” practices have allowed it to sell Perrier mineral water at a premium price, higher than the product would otherwise be sold for absent the misleading representations, the filing contends.

The lawsuit looks to represent anyone in New York who purchased Perrier natural mineral water within the state during the applicable statute of limitations period.

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