On Wednesday, Judge Nelson S. Roman of the Southern District of New York filed an opinion in Oldrey v. Nestle Waters North America, Inc., a case in which the plaintiff accused Nestle of false advertising for allegedly not including raspberries or lime in their “Sparkling Poland Spring with a Twist of Raspberry Lime” products.
On May 2, 2021, the plaintiff filed their complaint where they found that the only ingredients listed were “spring water, CO2, natural flavors” where natural flavors refers to “a mix of extractives and essences from various fruits, along with additives and solvents, are combined in a laboratory.” The plaintiff argued that she would not have purchased this product at a “premium” price if she had known that the product did not contain the aforementioned fruits, and that defendants profit off of their deceptive practices.
In their analysis, the court first determined whether Nestle engaged in deceptive marketing. They found that the use of the phrase “With a Twist of Raspberry Lime” represented “that the Product is raspberry and lime flavored” and thus did not imply that the drinks were made with actual raspberries or limes. The court also found that “With a Twist” is ambiguous and does not reasonably imply that the product contained the fruits, and that “Taste the Real” on the side refers to the spring water and not the fruit flavoring.
The plaintiff’s negligent misrepresentation argument also failed as a buyer – seller relationship does not constitute a “special relationship” as required by law. the court said. The plaintiff’s breach of express and implied warranty claims were also denied as she failed to provide timely notice to Nestle, as well as her Magnuson Moss Warranty act claim for the same reason.
Judge Roman declared that Nestle’s motion to dismiss is granted, and that the case is closed. The plaintiff was represented by Sheehan & Associates while the defendant was represented by White & Case.
