A lawsuit accusing Danone of misleading consumers by labelling its Evian spring water as “natural” despite containing microplastics has been dismissed.

The food and drink manufacturer had been brought to court for a proposed class action over allegations that the presence of microplastics in the water, however, US district judge Thomas Durkin today (7 November) has thrown out the case, and ruled that regulation allows for a product to be labelled natural spring water due to its harvest source, and not the content of the water.

Durkin highlighted that the U.S. Food and Drug Administration regulation for spring water does not mention microplastics.

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Durkin said: “The regulation defines ‘spring water’ as, in part, the water that is harvested from a ‘natural spring’. As long as water comes from a ‘natural spring’ it can be labelled ‘spring water,’ and by extension ‘natural.'”

The lawsuit comes amid rising concerns about the presence of microplastics in bottle products such as water and other drinks.

Recent research from the Unity of New York found brands such as Evian, San Pellegrino and Highland Spring contain microplastic particles, potentially from plastic packaging, however the UK’s Food Standards Agency has stated current microplastic levels are not thought to be harmful.

A spokesperson for Danone said: “While we do not typically comment on active litigation, Evian applauds the Court’s decision to grant Danone Waters of America’s motion to dismiss the plaintiff’s complaint and stands by the quality of our products.  Bottled water is comprehensively regulated as a food product by the U.S. Food and Drug Administration (FDA), and our bottling processes adhere to strict practices for hygiene, quality control, and food safety standards.  As such Evian water products comply with FDA regulations.”