The Real Deal on Nestlé Poland Spring Sparkling Water
According to a previous class action lawsuit, Poland Spring, the country’s best-selling bottled water, is tagged as “a colossal fraud.”
To this date, another alleged scam of Poland’s Spring water has been exposed — the false advertisement of their Sparkling Water’s flavor.
Poland Spring’s Previous Class Action Lawsuit
A class action lawsuit filed two years ago alleged that Poland Spring’s owner, Nestlé Waters, deceived consumers by promoting ordinary groundwater that Poland Spring “collects from wells it drilled” as 100 percent natural spring water.
The water from Poland Spring was dubbed “a massive scam committed against American consumers” in the lawsuit.
Nestlé attempted to get the case dismissed, but on March 28, a federal judge in Connecticut ruled that plaintiffs from eight states — including Massachusetts, New York, and Pennsylvania — would proceed with their complaint.
According to the New York Times, these consumers seek damages because Nestlé “intentionally concealed” the fact that its Poland Spring Water fails to meet the state law’s criteria for spring water identification.
The Latest Class Action Lawsuit
According to a recent class action lawsuit, Nestlé Poland Spring Raspberry Lime Sparkling Water is flavored with a laboratory-created flavor compound that contains little to nothing if any, natural limes or raspberries.
In addition, the water is “Naturally Flavored With Other Natural Flavors,” which is a tacit acknowledgment that the liquid does not contain a “Twist of Raspberry [and] Lime,” as advertised, but only has a “de minimis amount of raspberry and lime ingredients.”
In reality, non-raspberry and non-lime flavors make up the majority of the product’s flavoring. Since raspberry oil or raspberry extract and lime juice are not separately labeled ingredients, any real raspberry or lime must be present as a flavoring.
Flavor expert, Bob Holmes, stated in the suit that if a product contained “all the flavor depth”‘ of the named fruit ingredients, i.e., raspberry or lime, the label will specifically say “raspberry oil, lime juice” instead of “Natural Flavors.”
According to the claim, sparkling water sales have risen by over 40% in the last five years, with Americans drinking 170 million gallons each year. Plus, customers have cut back on sugary beverages and fruit juices in favor of more natural alternatives.
Customers want the nutritional benefits of flavored waters, and in this case, they want the vitamins, antioxidants, fatty acids, and minerals contained in limes and raspberries.
Lead plaintiff Brandy Oldrey filed the class action lawsuit in New York on May 2, alleging that the corporation misrepresented the bottled water by affirmative claims, half-truths, and omissions.
Consumers, including Oldrey, paid a premium for the drink due to Nestlé’s fraudulent and deceptive claims.
According to the claim, Oldrey purchased Poland Spring’s flavored sparkling water several times, expecting it to contain non-negligible quantities of the named fruit ingredients, not only for flavor but for their nutritional value.
Based on the pictures of the fruits and labeling that promises the water is made “With a Twist of Raspberry and Lime,” Oldrey claims that Nestlé’s comments on the bottle lead consumers to suspect the inclusion of a “non-de minimis amount of raspberry and lime ingredients” from real fruit. The small print on the bottle, on the other hand, tells a different story.
Oldrey wants to reflect a New York City class that purchased Poland Spring Raspberry Lime Sparkling Water. She is seeking registration of the Class, injunctive relief, damages, attorney costs, and a jury trial for violations of state business law, breach of contract, fraud, negligent misrepresentation, and unfair enrichment.
Editor’s Note on Poland Spring Sparkling Water Class Action Lawsuit:
This article is published to inform you of the latest class action lawsuit filed against Nestlé Poland Spring for allegedly faking the advertisement of their Sparkling Water.
Case Name & No.: Brandy Oldrey vs. Nestlé Waters North America, Inc., Case No. 7:21-cv-03885, in the US District Court for the Southern District of New York.
Products/Services: Poland Spring’s Flavored Sparkling Water
Allegations: Poland Spring allegedly markets their product as naturally flavored with raspberry and lime
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