Claims That Poland Spring Water Is Not Spring Water Dismissed

Claims That Poland Spring Water Is Not Spring Water Dismissed

Judge Jeffrey Alker Meyer of the U.S. District Court for the District of Connecticut dismissed a putative class action alleging that Nestlé Waters North America defrauded consumers by passing off groundwater and surface water as Poland Spring spring water.  In his order, Judge Meyer noted that the federal Food, Drug and Cosmetic Act exclusively governs the "standard of identity" for spring water, and that the Act provides that only the federal government -- not private parties -- may enforce the FDCA.  Because the state law claims asserted by plaintiffs were based entirely on alleged violations of the FDCA, Judge Meyer found the claims preempted.  [5/19/18]

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