in Newswire Published on January 30, 2023

Lime-Flavored Perrier Sparkling Water Contains Less Lime Than Advertised, Class Action Alleges [UPDATE]

Last Updated on February 20, 2024

Mccoy v. Nestlé USA, Inc.

Filed: January 29, 2023 ◆§ 3:23-cv-02218

A class action alleges lime-flavored Perrier sparkling water is misleadingly labeled in that the beverage, contrary to what consumers expect, contains only a “trace” amount of lime.

Defendant(s)

Nestle USA, Inc.

Law(s)

Magnuson-Moss Warranty Act Florida Deceptive and Unfair Trade Practices Act

State(s)

Florida

February 20, 2024 – Perrier Lime Sparkling Water Lawsuit Dismissed

The proposed class action lawsuit detailed on this page was dismissed with prejudice on February 1, 2024.

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In a 13-page order granting Nestlé’s motion to dismiss the case, U.S. District Judge M. Casey Rodgers found that the plaintiff failed to sufficiently allege that the Perrier product’s packaging was misleading to a reasonable consumer.

Specifically, Judge Casey pointed out that the product label makes no claims about the source of the sparking water’s lime flavor.

“[T]he label’s use of the word ‘lime’ and depiction of lime wedges represents only that the Product is lime flavored,” the judge wrote. “The label does not state ‘made with lime’ or use other language conveying that the Product includes lime or lime juice.”

Judge Casey also noted that the beverage’s back label explicitly says it “contains no juice,” and that reasonable consumers would not be misled into believing the product is made with an appreciable amount of lime based on its green-tinted container since it’s “evident that the bottle, not the water, is colored.”

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A proposed class action alleges lime-flavored Perrier sparkling mineral water is misleadingly labeled in that the beverage, contrary to what consumers expect, contains only a “trace” amount of lime.

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The 17-page lawsuit argues that, upon viewing the word “lime” and pictures of lime wedges on the beverage’s front label, consumers are led to expect that the Perrier sparkling water is flavored with real lime ingredients. The complaint also contends that consumers will conclude that the sparkling water contains lime because the product’s green-tinted bottle makes its contents appear greener.

In truth, the beverage, contrary to consumer expectations, contains flavors that merely imitate the taste of limes, the case claims.

Per the case, “lime juice” would be listed as a separate ingredient if the beverage actually contained all of the nutritive and taste attributes of lime, but the product’s ingredients list mentions only mineral water, carbon dioxide and natural flavors. The “natural flavors” ingredient indicates that the product contains flavor compounds that are synthesized in a lab and only imitate the fruit’s taste, the complaint alleges.

“The cost of using more lime would be several cents per bottle based on spot markets for lime,” the suit states.

According to the complaint, defendant Nestlé USA has been able to sell more lime-flavored Perrier sparkling water at higher prices than it would have absent its “false and misleading” representations. Nestlé has taken advantage of the fact that consumers prefer beverages that are less processed and are made without additives or solvents, the filing says.

The suit further contends that consumers have no reason to expect that the product, sold under the “esteemed” Perrier brand and imported from France, is made with only a “de minimis” amount of lime.

The lawsuit looks to represent anyone in Florida, Utah, South Dakota, Kansas, Mississippi, Arkansas, Alaska, Wyoming or South Carolina who purchased the Perrier lime-flavored sparkling mineral water during the applicable statute of limitations period.

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