- An Illinois consumer has filed a proposed class action against The Wonderful Co. LLC, the bottler of Fiji Natural Artesian Water, claiming that the water contains microplastics. The claim alleges violations of the Illinois Consumer Fraud and Deceptive Business Practices Act, common law fraud, and unjust enrichment for intentionally labeling the products as Natural Artisan Water, even though the company knew or should have known the product contains microplastics.
- The complaint cites a 2018 study on synthetic microplastic contamination in bottled water, which found that 93 percent of bottled water showed signs of contamination. An additional study in 2019 found that the microplastics in bottled water originated from mechanical stress caused by frequent opening and closing of the plastic cap on the bottles.
- Microplastics have been shown to cause toxic effects in marine life, as well as mammals, including humans. While the full extent of these effects in humans is not fully understood, studies have shown that they can cause problems in the immune, gastrointestinal, endocrine, and cardiovascular systems.
- The complaint notes that FDA has not defined the term “natural,” but has long considered it to mean that “nothing artificial or synthetic (including all color additives regardless of source) has been included in, or has been added to, a food that would not normally be expected in that food.” The claim alleges that labeling the bottled water as “natural” is false and misleading and deprived plaintiffs of the ability to choose the quality of products they purchase and consume.
- Keller and Heckman will continue to monitor this lawsuit and the issue of microplastics in bottled water.