The 15-page lawsuit argues that although consumers expect the raspberry and lime taste of defendant Nestlé Waters North America’s product to come from a “twist” of real raspberries and limes, the sparkling water contains these flavors in amounts more minimal than the label, which displays images of the fruits, lets on.
Based on Nestlé Waters’ representations, including the side-panel statements “Taste the Real” and “Real Raspberry Lime flavor,” consumers expect the Poland Spring sparkling water to contain “non-negligible amounts” of real raspberry and lime, the lawsuit says. Per the suit, the product’s front label, upon closer viewing, tries to disclaim how the sparkling water is actually flavored, noting it is “Naturally Flavored Spring Water with Other Natural Flavors and CO2.”
In truth, “most” of the Poland Spring sparkling water’s flavoring comes from “non-raspberry and non-lime flavors,” the suit says, contending that the “natural flavors” disclosure in the product’s ingredients list fails to inform buyers where the taste actually comes from.
“’Natural Flavors’ fails to tell consumers that the Product’s taste is mainly from fruits other than raspberries and limes and has a negligible amount of these fruit ingredients,” the lawsuit asserts, claiming later that the Poland Spring sparkling water’s “natural flavors” consist of flavor compounds that imitate the taste of raspberries and limes.