The suit contends that the famous Poland Spring in Maine, which the company claims is a source of the water, effectively ran dry nearly 50 years ago.
It claims that the company built and maintained six “phony, man-made ‘springs’” to comply with the law. It also alleges that one or more of the company’s wells are near a present or former human waste dump, landfill or other similar site.
Put another way, those famous Poland Spring images of water on a verdant hillside are misleading and deceptive, the lawsuit said.
“Water is going to be one of the most important issues in the world,” said Steve Williams, a lawyer for the 12 plaintiffs from various northeastern states. “It’s vitally important to consumers to be told the truth.”
In its own court documents, Nestlé Waters said that various state regulators had already determined that Poland Spring water complies with the Food and Drug Administration’s so-called identity standard and has authorized the labeling and sale of the water as spring water. On those grounds, the company asked a judge to dismiss the lawsuit, or at least dismiss it in deference to the F.D.A.
The brand’s sales in the United States were approximately $400 million in 2007 and have been between $300 million and $900 million annually for each of the past 11 years, the class-action lawsuit said. At least 13 million consumers nationwide buy Poland Spring water, it added.
Nestlé Waters has faced other allegations of false advertising related to Poland Spring water. In recent years, the company has faced scrutiny as it sought to continue taking millions of gallons of water for its Arrowhead brand from a national forest in California, even as the state recovered from a prolonged drought.