Plastic Pollution Coalition Files โ€œFalse and Deceptive Marketingโ€ Complaint Against Makers of FIJI Water

Header image credit: K KStock – stock.adobe.com 

Plastic Pollution Coalition, a project of Earth Island Institute, filed a complaint in the District of Columbia Superior Court on Friday, January 31, 2025, against The Wonderful Company, LLC and FIJI Water, LLC, makers of FIJI Water bottled water, for alleged โ€œfalse and deceptive marketingโ€ in violation of the District of Columbiaโ€™s Consumer Protection Procedures Act (CPPA). The Wonderful Company, LLC and FIJI Water, LLC promote FIJI Water as โ€œnatural artesian water,โ€ โ€œprotected from external elements,โ€ and โ€œuntouched,โ€ despite test results revealing that theseย  products contain health-harming microplastics and plastic chemical bisphenol-A (BPA), and the companiesโ€™ roles in creating plastic pollution.ย 

An independent laboratory evaluation revealed both microplastics and bisphenol-A (BPA) in FIJI โ€œnaturalโ€ bottled water products. Over the past several years, scientists have detected the presence of tiny plastic particles throughout the human body, and have linked their presence to male and female fertility issues and sexual dysfunction, heart attacks and strokes, neurodegenerative disorders, other serious health problems, and even death. BPA and other bisphenols, which are added to plastics to increase their rigidity, are known to disrupt the human endocrine (hormone) systems, and have been identified as among the most concerning of the more than 16,000 chemicals that are added to plastics.

These findings run contrary to FIJI Waterโ€™s advertising claims, including the following, which appear on its consumer-facing website:

Example 1 of 2:

Example 2 of 2:

In addition to touting the โ€œnaturalโ€ qualities of its water on its consumer-facing website and packaging for FIJI Water, The Wonderful Company, LLC and FIJI Water, LLC pledge to โ€œpromote a circular economy.โ€ But the Complaint alleges that the companiesโ€™ production of plastic bottled waterโ€”like all plastic productionโ€”inherently produces plastic pollution (waste), which is not circular. 

As alleged in Plastic Pollution Coalitionโ€™s complaint, The Wonderful Company, LLC and FIJI Water, LLC perpetuate misleading industry narratives around plastic recycling by claiming that FIJI Water has made a โ€œsubstantial step in reducing [its] plastic wasteโ€ in โ€œreplac[ing] nearly 70% of [their] bottled volume in the US with recycled material.โ€ Other messaging on FIJI Waterโ€™s product packaging contains the claim โ€œ100% Recycled Plastic.โ€ As the Complaint alleges,plastic is not designed to be recycled, and most plastic items, including plastic bottles that are collected for recycling, are never actually recycled. Instead, plastics collected for recycling are most often sent to landfills or incinerators, or are shipped overseas, perpetuating plastic production and its resultant plastic pollution, and environmental injustices.

Marketing bottled water in ways that portray it as healthy, safe, and sustainable is misleading to consumers, who are increasingly looking for products that are better for the environment and their health. While bottled water companies continue to tout their products as natural, the reality is that there is nothing natural about plastic. Plastic contaminates drinking water, the environment, and our bodies with hazardous microplastics and plastic chemicals.

โ€” Julia Cohen, Co-founder and Managing Director of Plastic Pollution Coalition

Truth in advertising matters. Microplastics and BPA are neither natural nor healthy, and consumers deserve the truth about the products they consume. We will continue to hold companies like The Wonderful Company and FIJI Water accountable for claims that contradict the true impacts of their products on our health and the environment.

โ€” Scott Hochberg, General Counsel of Earth Island Institute

Plastic Pollution Coalition does not seek monetary damages; instead, it seeks an order declaring that the representations of FIJI Water bottled water products made by The Wonderful Company, LLC and FIJI Water, LLC are unlawful under the CPPA, as well as an injunction that will end the deceptive advertising and marketing at issue.

Plastic pollution is an urgent global crisis threatening human, environmental, and climate health on a massive scale, from the plastic-producing petrochemical plants that disproportionately harm low-income, rural, and people of color communities; to the plastic pollution that is often dumped in Global South; to the toxic microplastics invading our bodies, which have been shown to contribute to cancer, neurotoxicity, reproductive issues, endocrine disruption, and genetic problems; and more. To solve this problem, our planet needs less plasticโ€”not more.

93

BPA and its dangers hide in everyday plastic itemsโ€”but there is much you can do to avoid it. 

BPA is commonly used in plastic products. It can be found in single-use plastic food containers, such as fast-food packaging, plastic baby bottles, DVDs, receipts, medical supplies, auto parts, building materials (often in plastic alternatives to glass), safety and sports equipment, clothing made of synthetic plastic fibers, cans and water bottles with plastic liners, and much more.

BPA, or bisphenol A, belongs to a hazardous class of chemicals known as bisphenols, and it is one of the more than 16,000 chemicals found in plastics. Bisphenols and many other chemicals found in plastics, including dioxins, phthalates, PFAS, and brominated flame retardants, are endocrine disruptors, meaning they can mimic and interfere with natural hormones in human bodies. Endocrine disruptors can trick your body into thinking it is over-producing a hormoneโ€”in the case of BPA, estrogenโ€”that it normally wouldnโ€™t.

BPA is dangerous to fertility, pregnancy, unborn babies, and infants

Unfortunately, BPA and other hazardous plastic chemicals in plastics are especially harmful to pregnant people, unborn babies, infants, and children, whose bodies are undergoing key development stages. The higher a pregnant personโ€™s blood levels of BPA, particularly during a male fetusโ€™ developmental stages, the greater the risks of abnormal genital development, autism, changes in sperm characteristics, feminization, low birth weight, and low testosterone level after birth. During a female fetusโ€™ development, a high blood level of BPA can cause changes in estrogen levels, causing hormonal imbalances and development and reproductive issues such as early puberty and later menstrual irregularities.ย 

Women with high BPA exposure face increased risk of endometriosis, and pregnancy problems such as miscarriage. BPA has also been detected in the breast milk of breastfeeding parents, further exposing children to BPA. BPA exposure has also been linked to decreased fertility in men. Unfortunately, BPA and other hazardous plastic chemicals in plastics are especially harmful to pregnant people, unborn babies, infants, and children, whose bodies are undergoing key development stages.

BPA is dangerous to children and adults

In general, elevated exposure to BPA in children appears to trigger early puberty, heart conditions, obesity, weak immune system, and overall negative effects on health. Researchers have also linked BPA to learning and behavior disorders, and other neurodevelopmental issues. Conditions like Attention Deficit Hyperactive Disorder (ADHD), anxiety and depression, and even aggressiveness have been associated with childhood exposure to BPA.ย 

In both children and adults, use of products with BPA such as food packaging has been linked to diabetes and elevated blood pressure. Adults exposed to high levels of BPA are at a greater risk of breast, prostate, uterine and other types of cancers.

How to Reduce Your Exposure to BPA

While we cannot completely avoid being exposed to BPA, we can thankfully take steps to limit our exposure as much as possible. Wearing natural fibers such as cotton, linen, wool, and hemp are good alternatives to synthetic fibers, and are far better for your skin and body. Note that washing synthetic clothes will not take away or reduce the amount of BPA they contain, doing so might in fact spread BPA around to your other clothes and contaminate wash water. There are alternatives available within any budget, whether you plan to buy new or secondhand clothes.

Receipts printed on thermal paper from cash registers and credit/debit machines contain BPA that easily transfers onto your handsโ€”and into your bodyโ€”during handling. Choose the alternative to a physical receipt on thermal paper by saying, โ€œNo receipt, please,โ€ or sending the receipt to your email. And on other consumer items, watch out for Prop 65 warnings, as this translates to a warning that a product contains BPA and/or other hazardous chemicals.

Most of our exposure to BPA is through our diet. Try not to buy as much canned food or plastic water bottles. Better alternatives include fresh or frozen fruits and vegetables, and making food from scratch whenever possible. Choose a reusable stainless steel, glass, or ceramic bottle for water, instead of buying water in plastic bottles. Opt for glass baby bottles with rubber tops instead of bottles made from plastic. Donโ€™t package or heat up food in plastic containers; glass and stainless steel are good alternatives.

Policies to Regulate BPA

BPA was first invented in the late 1800s, and scientists knew it had hormone-disrupting properties in people by the 1930s. Yet, in the 1940 and 1950s, the plastic industry started to use BPA to mass produce all kinds of plastic products and coatings. BPA is widely used as an additive that helps harden plastics. For decades, BPA has been used as an ingredient in the production of polycarbonate plastics such as those used to make baby bottles, and epoxy resins that line aluminum food cansโ€”and now it is used across a wide range of consumer products.ย 

Many health experts, especially those in Europe, now agree that BPA is harmful to human health. Yet some countries, including the U.S., have not fully banned BPA or related hazardous chemicals. Regulations on BPA vary from nation to nation, with some countries, including Canada, the U.S., and the European Union (EU) banning BPA for some uses, such as in baby bottles and sippy cups. However, in 2024, an EU Member States expert committee voted in support of an EU Commission proposal to ban some bisphenols, including BPA, from all food contact materials. But generally, around the world, regulation of BPA and most other plastic chemicals is inadequate, if not nonexistent, and so many uses continue and continue to put human health at risk.

Take Action

We know change is possible because some countries and states have already legally limited the use of BPA, and/or have enforced warnings about BPA. You can help advocate for regulations that take a strong and precautionary approach to protecting human and environmental health from BPA and other synthetic chemicals. Clothes, food packaging, and other products we come into close contact with everyday should not be harmful to our health. The evidence is clear: Tell companies that you demand they remove harmful BPA from their products, including sports bras, athletic shirts, shorts, and leggings.

10

Washington, D.C. โ€” Plastic Pollution Coalition filed a lawsuit in the District of Columbia Superior Court today against Danone Waters of America, LLC, maker of evian bottled water headquartered in the United States, for false and deceptive marketing in violation of the District of Columbiaโ€™s Consumer Protection Procedures Act (CPPA). Danone Waters of America promotes evian as โ€œsustainable,โ€ โ€œnatural,โ€ and โ€œhealthy,โ€ despite these products containing health-harming microplastics and plastic chemical bisphenol-A (BPA), and creating plastic pollution.

An independent laboratory evaluation revealed both microplastics and bisphenol-A (BPA) in evian โ€œnaturalโ€ bottled water productsโ€”and microplastics and BPA are far from natural or healthy. Over the past several years, scientists have detected the presence of tiny plastic particles throughout the human body, and have found their presence linked to fertility issues, heart attack, neurodegenerative disorders, stroke, other serious health problems, and even death. BPA and other bisphenols, which are added to plastics to increase their rigidity, are known to disrupt the human endocrine (hormone) systems, and have been identified as among the most concerning of the more than 16,000 chemicals that are added to plastics.

In addition to touting the โ€œnaturalโ€ qualities of its water on its consumer-facing website for evian, Danone Waters of America pledges that the brand is โ€œcommitted to preserving [the environment] through long-lasting sustainability initiatives.โ€ While the corporation boasts that it has โ€œa history of sustainability,โ€ its production of plastic bottled water is inherently unsustainableโ€”and Plastic Pollution Coalition believes that it has not made any significant effort to address the plastic pollution it produces. 

Instead, as alleged in Plastic Pollution Coalitionโ€™s lawsuit, Danone Waters of America perpetuates misleading industry narratives around plastic recycling by advertising its evian products as โ€œ100% recyclableโ€ and including โ€œMade from 100% Recycled Plasticโ€ on product packaging. However, plastic is not designed to be recycled, and most plastic items, including plastic bottles, that are collected for recycling are never actually recycled. Instead, plastics collected for recycling are most often sent to landfills or incinerators, or are shipped overseas, perpetuating plastic production and its resultant plastic pollution, and environmental injustices.

People in the U.S. and all over the world are increasingly looking for products that are better for the environment and their health. Bottled water companies continue to capitalize on the healthiness of waterโ€”despite the significant toxic toll that the plastic bottles they package the water in takes on our planet and our bodies. The claims these companies make about their products being โ€˜sustainableโ€™ and โ€˜naturalโ€™ are inaccurate and misleading to consumers.

โ€” Julia Cohen, Co-founder and Managing Director of Plastic Pollution Coalition

We will continue to insist that corporations, like Danone, be honest with consumers about their products, especially when it comes to human and environmental health. There is nothing ‘natural’ about water containing petrochemical products and there is nothing ‘sustainable’ about single-use plastic bottles.

โ€” Sumona Majumdar, Chief Executive Officer of Earth Island Institute

Danone Waters of America is a subsidiary of French multinational food corporation Danone. According to its evian consumer-facing website, Danone began importing evian Products from France into the United States and Canada in 1978, and the evian brand is now sold in more than 140 countries. In 2023 Danone was the #2 seller in packaged waters worldwide, and its evian bottled water was the corporationโ€™s #2 selling bottled water, after its Aqua brand according to its annual report.

Plastic pollution is an urgent global crisis threatening human and environmental health on a massive scale, from the plastic-producing petrochemical plants that disproportionately impact communities of color and low-income communities to the plastic waste that is often dumped in developing countries to the toxic microplastics invading our bodies, which have been shown to contribute to cancer, neurotoxicity, reproductive issues, endocrine disruption, and genetic problems. 

Plastic Pollution Coalition is represented by Richman Law & Policy, which specializes in consumer protection law. 

6

Amazon, Rite Aid, and Walgreens are โ€œmost improvedโ€ in annual ranking of retailer chemical safety efforts

WASHINGTON, D.C. โ€” A report released today reveals that major retail companies are making slow but meaningful progress at improving the chemical safety of the products, food, and packaging they sell, but nearly half of those scored โ€” including every restaurant chain evaluated โ€” have failed to take any public measures to help eliminate toxic chemicals from the products they carry. The third annual Whoโ€™s Minding the Store? A Report Card on Retailer Actions to Eliminate Toxic Chemicals evaluated and graded the chemical policies and practices of 40 of the largest North American retailers, including grocery and fast food chains, as part of Safer Chemicals Healthy Familiesโ€™ Mind the Store campaign.

Four retailers received the highest grades for their work to protect customers from toxic products and packaging, setting the pace for the industry: Apple (A+), Target (A), Walmart (A-) and IKEA(A-). In 2018, Walgreens, Rite Aid, and Amazon were ranked โ€œmost improvedโ€ with all three companies announcing sweeping chemical safety policies over the past two months.

Mike Schade, Mind the Store Campaign Director for Safer Chemicals Healthy Families and report co-author said, โ€œCompanies can prevent harm and protect public health by taking common sense steps to phase out toxic chemicals in everyday products. Retailers have an important role to play โ€“ they have both the power and the moral responsibility to eliminate and safely replace toxic chemicals to โ€˜mind the store.โ€™ They should stop letting chemical corporations put public health at risk.โ€

Nearly half of retailers evaluated for Whoโ€™s Minding the Store? received a grade of F for failing to announce policies or publicly report progress to assess, reduce or eliminate toxic chemicals in the products or packaging they sell. However, year-over-year results reveal that retail chains have improved their chemical safety efforts after receiving poor grades on the Retailer Report Card. 72 percent of the 29 retailers evaluated in both 2017 and 2018 improved their scores by taking measures such as establishing new chemical safety policies, banning chemicals of concern from private-label brands, and expanding their chemical bans to new products.

Chain restaurants were analyzed for the first time this year and significantly lagged behind other retailers in reducing chemical hazards. These companies have been slow to announce chemicals policies and to publicly address toxic chemicals, such as phthalates and PFAS, in packaging and other food contact materials. Six fast food chains were evaluated representing 10 brands, with all companies earning Fs: Burger King, Kentucky Fried Chicken, McDonaldโ€™s, Panera, Pizza Hut, Popeyes, Taco Bell, Tim Hortons, Starbucks, and Subway.

Other retail sectors with poor performance include dollar stores (average grade of F), department stores (F), beauty shops (D-) and office supply stores (D-).

For a full list of the evaluated companies and their grades, and to contact companies to demand chemical safety improvements, visit RetailerReportCard.com.

โ€œLearning and developmental disabilities now affect 1 in 6 children. Over a quarter of these disabilities are linked to toxic chemical exposures,โ€ said Tracy Gregoire, Learning Disabilities Association of Americaโ€™s Healthy Children Project Coordinator. โ€œPrenatal and early childhood exposure to harmful chemicals in consumer products and food packaging can lead to life-long impacts and chronic health conditions. Major retailers have both the opportunity and the responsibility to become industry leaders by keeping toxic chemicals out of products and packaging to protect childrenโ€™s minds and bodies.โ€

Jose Bravo, Coordinator of the Campaign for Healthier Solutions, said โ€œOnce again, dollar stores fall among the worst national retailers when it comes to protecting customers and our families from toxic chemicalsโ€“and none of them have done much to ease product safety concerns in over a year. People of color and the poor depend on these discount retail chains, and our families deserve safe and nontoxic products just as much as any other family. While dollar stores continue to lag behind other retailers on toxic chemical safety, we continue to worry that our children and vulnerable populations are getting more than our share of toxic chemical exposures.โ€

โ€œThe food we buy should nourish us, not expose us to toxic chemicals from packaging and processing,โ€ warned Mike Belliveau, Executive Director of Environmental Health Strategy Center and co-author of the report. โ€œRestaurant chains are serving up a recipe for poor health by failing to slash the use of toxic chemicals in food packaging and other food contact materials. Toxic industrial chemicals like phthalates and PFAS donโ€™t belong in the food we eat. Consumers expect a lot more leadership from food retailers in getting toxic chemicals out of the food supply chain.โ€

To evaluate retailersโ€™ policies, Safer Chemicals Healthy Families, the Environmental Health Strategy Center, Campaign for Healthier Solutions, Getting Ready for Baby campaign, Environmental Defence (Canada), and Safer States collected and reviewed publicly available information about corporate safer chemicals programs, and shared draft findings with retailers to provide them an opportunity to review the conclusions, disclose additional information, and make new public commitments toward safer chemicals as of November 9, 2018. Companies selected for evaluation were among the top forty North American retailers by sales or commanded the largest market share in one of twelve major retail sectors. Full methodology details are available at RetailerReportCard.com.

Take Action: Tell major retailers: Get toxic chemicals out of products!

Safer Chemicals Healthy Families leads a nationwide coalition of organizations and businesses working to safeguard American families from toxic chemicals. The groupโ€™s Mind the Store campaign challenges big retailers to eliminate toxic chemicals and substitute them with safer alternatives.

Join our global Coalition.