The federal district court for the Southern District of New York allowed consumer plaintiffs to proceed with claims based on their allegations that the defendant manufacturer made false and misleading claims that evian water is “carbon neutral.” The court concluded that it could not determine as a matter of law that the term “carbon neutral” did not have the capacity to mislead. The court found that the term was “a technical word not within an average consumer’s common parlance and carrying multiple meanings” and that it was plausible that the term could mislead a reasonable consumer. The court also found that “carbon neutral” was the type of “general environmental benefit claim” that the Federal Trade Commission’s Green Guides warn against; that the plaintiffs’ allegations regarding consumer confusion were sufficient; and that the defendant “expects too much” from consumers when it directs them beyond the label to websites to learn what “carbon neutral” means. The court therefore declined to dismiss claims under the Massachusetts consumer protection statute and the California Consumers Legal Remedies Act. The court also found that the plaintiffs’ allegations that they paid a price premium based on the alleged misrepresentation was sufficient to allege an injury. In addition, the court allowed the plaintiffs to proceed with a fraud claim, and with breach of express warranty and unjust enrichment claims under California law. The court dismissed claims under Sections 349 and 350 of New York’s General Business Law without prejudice because the plaintiffs did not allege they were deceived in New York. The court also dismissed an implied warranty claim under California law and an express warranty claim under Massachusetts law without prejudice.

Greenwashing class action lawsuit alleging that manufacturer and seller of Evian Natural Spring Water bottled water made false and misleading representations that the product was “carbon neutral.”

Dorris v. Danone Waters of America

<p>This entry was provided by the Sabin Center for Climate Change Law. Please see the terms of use for citation and licensing of third party data.</p>

Federal Court Let Consumers Continue with Claims that Evian Water Was Misleadingly Marketed as “Carbon Neutral”

Filed

United States of America

New York

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An aim to achieve a quantifiable outcome within a given time-frame, set by an institution such as a national government.

Policy instruments are techniques or tools used by governing authorities to promote certain policies in order to achieve predetermined goals. Put simply, instruments are how a government tries to achieve its goals, with this taxonomy being focused on national policy instruments.

Risk is the potential for adverse consequences resulting from the dynamic interplay between (climate-related) hazards, exposure, and vulnerability of affected human or ecological systems.

Groups  of people who are adversely affected by climate change or the response to it

A set of principles, processes, and practices that build economic and political power to shift from an extractive economy to a regenerative economy.

Justice is the ethical and political framework that addresses fairness, including issues of responsibility, rights, and structural inequity.

Renewable energy means all forms of energy produced from renewable sources in a sustainable manner.

Fossil fuel is a generic term for non-renewable energy sources such as coal, fossil gas, and oil (including crude oil, and petroleum products), that can be used for electricity and heat generation. Fossil fuels are hydrocarbons formed from pressurised and heated organic material buried over millions of years.

Molecules in the atmosphere that play a key role in the greenhouse effect by trapping heat radiating from Earth’s surface.

Area of the economy in which actors engage in identical or related activities.

In human systems, the process of adjustment to actual or expected climate change and its effects, in order to moderate harm, increase resilience or exploit beneficial opportunities. In natural systems, the process of adjustment to actual climate change and its effects; human intervention may facilitate adjustment to expected climate change and its effects.

The management and allocation of funds, assets and investments to meet various objectives

Tradable permits are market-based tools that grant permission for specific activities, frequently used to regulate emissions. These permits can be issued within a trading system to manage environmental impacts.

Either money or something of monetary value is transferred between two or more organisations, people or countries.

Hot temperature extremes are daily maximum temperatures  that were exceeded on average once in a decade or once in 50 years, and includes heatwaves.

A long-lived, colourless gas, chiefly emitted from fossil fuel combustion, deforestation and cement production.

Risks to the ecosystem health of the marine environment, including ocean warming, ocean acidification, and ocean deoxygenation, harming biodiversity, species health, ecosystem services, and coastal community livelihoods.

Extreme weather refers to events where a weather variable exceeds (or falls below) a threshold. Meaning it is significantly different from the average or usual weather pattern.

Terrestrial means "of the earth" and relates to the risks to ecological system that includes all living organisms and their interactions within land-based environments, such as forests, grasslands, and deserts.

The activities of industries that transforms raw materials into finished goods through industrial processes.

This sector creates and distributes information and entertainment through television, radio, print, and digital platforms.

Activities that involve the cultivation of crops and raising of livestock for food, fibre, and other products essential for human life and industry.

Any substance with chemical properties that can cause physical harm to people or damage the environment, including ammonia, carbon monoxide, phosphine, chlorine, arsenic, cadmium, mercury, pesticides, dioxins, microplastics, benzene, asbestos, aflatoxins, fluoride, methanol, and toxins from marine sources.

Slow onset events evolve gradually from incremental changes over many years or from increased frequency or intensity of recurring events. As defined in the Cancun Adaptation Framework (2010), slow onset events include risks and impacts from rising temperatures, desertification, biodiversity loss, land and forest degradation, glacial retreat, ocean acidification, sea level rise, and salinization.

Federal Court Let Consumers Continue with Claims that Evian Water Was Misleadingly Marketed as “Carbon Neutral”

Target

Policy instrument

Risk

Greenhouse gas

Economic sector

Finance