The judge will not cancel the case that says Poland Spring water does not come from the well By Reuters

Written by Jonathan Stempel

(Reuters) – A Connecticut federal judge has refused to dismiss a long-running lawsuit alleging the former. Nestle (NS:) Waters (NYSE:) North America for defrauding consumers by labeling its Poland Spring bottled water as “spring water.”

While dismissing other claims in the proposed action, US District Judge Jeffrey Alker Meyer of New Haven called it an open question whether Poland Spring qualifies as spring water under Connecticut, Maine, laws. Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania and Rhode Island.

Poland Spring is now owned by Primo Brands, following a number of business transactions. The Tampa, Florida-based company had no immediate comment on Tuesday.

Consumers sued Nestle Waters, then owned by Nestle, in 2017, saying it misled them into overpaying for Poland Spring with labels proclaiming it to be “Natural Spring Water” or “100% Natural Spring Water.”

Prosecutors said “not one drop” of the 1 billion gallons sold annually in the United States comes from a natural well, and that the actual Poland Plant in Maine went “dry” for years. twenty before Nestle bought the brand in 1992.

In seeking the dismissal, Nestle Waters said geologists and officials in eight states agreed that Poland Spring complies with US Food and Drug Administration rules defining spring water, and each state has approved its sale as “spring water.”

But the judge cited a former Syracuse University earth science professor hired by the plaintiffs, who said Nestle Waters appears to be using man-made wells and draining reservoirs and other surface water. of water rather than “real” spring water.

Meyer agreed with Nestle Waters that the plaintiffs lacked standing to seek new licenses, because they now knew the “truth” about Poland Spring and could buy other types of water.

Attorneys for the plaintiffs did not immediately respond to requests for comment.

Nestle Waters was Nestle’s North American bottled water business. Nestle sold it in 2021 to two private equity firms, which renamed it BlueTriton. That company merged in November with former Primo Water (NYSE: ) to form Primo Brands.

The case is Patane v. Nestle Waters North America Inc, US District Court, District of Connecticut, No. 17-01381.