PepsiCo, Danone, and FIJI Water Face Legal Challenges for “False and Deceptive Marketing” in D.C.
The landscape of bottled water marketing is rippling with controversy as PepsiCo, Inc., Danone, and FIJI Water face serious legal allegations for purportedly engaging in "false and deceptive marketing." On April 7, 2025, the Plastic Pollution Coalition (PPC), a project of the Earth Island Institute, filed a complaint against PepsiCo in the D.C. Superior Court, arguing that its Aquafina brand misrepresents the product’s purity and sustainability. This case is part of a larger wave of scrutiny facing major bottled water brands, with similar cases aimed at Danone and FIJI Water.
The Heart of the Matter: Allegations Against PepsiCo
Misleading Advertising Claims
In its complaint, the PPC contends that PepsiCo presents Aquafina as "pure water, perfect taste" while claiming that no bisphenol-A (BPA)—a harmful plastic chemical—is present in its packaging. However, independent laboratory tests have indicated otherwise, revealing traces of BPA in Aquafina. This contradiction raises significant concerns regarding the company’s sustainability pledges, including statements that they are “working towards a more sustainable future.”
- The Facts: BPA is known to disrupt endocrine systems and poses health risks. As evident from ongoing research, such as findings from NTP, it becomes critical to scrutinize claims made by major corporations in an age where sustainability is a fiercely sought-after quality.
Julia Cohen, MPH, Co-Founder and Managing Director of PPC, weighed in, stating, “Makers of bottled water that describe their products as ‘pure’ and their business practices as ‘sustainable’ are employing manipulative marketing tactics—because these statements are inherently untrue.”
The Fumbling of Danone: A Legal Setback
Court Denies Motion to Dismiss
In another significant legal development on March 18, 2025, the D.C. Superior Court denied Danone Waters of America’s motion to dismiss PPC’s lawsuit, which was filed in July 2024. The court’s ruling confirmed that Danone could face consequences for its marketing claims regarding its evian brand, which allegedly misrepresents the product as "natural" and "sustainable" despite the presence of microplastics and BPA.
- Key Takeaway: If proven true, these assertions could constitute a flagrant case of greenwashing, deceiving consumers into believing in the eco-friendly nature of their beverage choices.
FIJI Water Regulations: Another Legal Complaint
On the heels of the Danone lawsuit, the PPC filed a similar action against The Wonderful Company, LLC and FIJI Water, LLC on January 31, 2025. The complaint claims that FIJI Water is marketed as "natural artesian water," yet lab results show contamination with microplastics and BPA, further complicating the narrative of purity and sustainability.
- Legal Aims: The PPC doesn’t seek financial reparations but aims to end misleading advertising practices tied to the claims about FIJI Water products.
The Broader Implications: Plastic Bottled Water and Environmental Impact
Debunking the Myths of Sustainability
Attempts to portray bottled water as natural and sustainable cannot overshadow the mounting evidence of the harmful effects of plastic pollution. Despite claims of "100% recyclable" packaging, research indicates that most plastics collected for recycling end up in landfills, incinerators, or are shipped overseas, contributing to a pervasive global crisis.
Scott Hochberg, General Counsel of Earth Island Institute, affirmed, “The Court’s decision reaffirms that companies will be held responsible for misleading assertions about their products. We will continue to hold corporations accountable for blatant greenwashing and deceptive marketing.”
The Urgent Need for Change
As plastic pollution continues to threaten public health and the environment, it is crucial for consumers to reassess their choices. Research links health risks from microplastics to significant issues, including fertility problems, neurodegenerative disorders, and even heart-related illnesses. The Plastic Pollution Coalition emphasizes that the solution to this crisis lies in reducing plastic production overall.
Conclusion: The Call for Transparency in Marketing
The lawsuits against major bottled water companies reveal a troubling trend of misleading marketing that prioritizes profit over public health and environmental sustainability. As the legal proceedings unfold, they serve not only as a warning to corporations but also as a wake-up call to consumers about the truth behind bottled water brands.
In an era where eco-consciousness is paramount, being informed is the first step towards making responsible choices for both our health and the planet.
