SDNY Reverses Its Position On “Carbon Neutral” Lawsuit
| 5 min
In January, we reported that a judge in the Southern District of New York refused to dismiss a class action alleging that “carbon neutral” claims on bottles of Evian water were misleading. The judge determined that the term “carbon neutral” was “unfamiliar to and easily misunderstood” by reasonable consumers and that Danone Waters’ attempts to qualify the term with information on its website were insufficient. In a surprising turn of events, the Court reversed its position last week. Here are some highlights.