Product Liability & Mass Torts Digest

On November 5, 2024, Danone Waters of America, LLC (Danone) achieved a notable legal victory, securing the dismissal of a putative class action alleging violations of Illinois and California consumer fraud statutes. The plaintiffs contended that Danone’s labeling of Evian bottled spring water as “natural” was deceptive due to the alleged presence of microplastics. The United States District Court for the Northern District of Illinois granted Danone’s motion to dismiss, finding the claims preempted by federal law.

On September 30, 2023, U.S. District Judge Hector Gonzalez dismissed a proposed class action accusing McDonald’s Corporation and Wendy’s International, LLC of exaggerating the size of their hamburgers in advertisements, ruling that reasonable customers wouldn’t be misled by the companies’ advertisements.