An Illinois judge accepted a plea agreement in a class action suit against Poland Spring Water Co. that will mean millions of dollars in discount coupons for consumers.
Judge Michael Colwell issued his finding Wednesday in 16th Circuit Court, Kane County, Illinois. The finding formalizes an August agreement between Poland Spring’s parent company, Nestle Waters, and litigants who claim the company used fraudulent advertising in marketing its bottled water to consumers.
Under the terms of the agreement, Poland Spring will offer $8 million in discounts to consumers over five years. The agreement stipulates all home and office consumers of Poland Spring bottled water will receive a coupon or discount within one year of the agreement. The coupons will not require extra work by the consumer such as mailing in a rebate.
It also requires the company to make charitable donations of $2.75 million over the same period of time. Additionally, Poland Spring will install new equipment and perform additional testing and reporting.
Poland Spring denies all the allegations of the lawsuit. Representatives of the company say the suit is an example of the country’s tort legal system run amok, and that the settlement allows them to get back to the business of providing high-quality water products to its customers.
According to a statement from the company, “reaching this settlement effectively and expeditiously moves all parties beyond the costly litigation process.”
Lawyers representing the plaintiffs were awarded more than $1.39 million, a “fair, just and reasonable” amount according to the judge. Since the case was a class action suit, notices were published in newspapers across the country and on Web sites alerting consumers to the action and inviting them to join in the suit. More than 200 people or businesses responded. Illinois resident Kenneth Ramsey was the representative of the consumer class and awarded $12,000.
The agreement covers all consumers of Poland Spring bottled water from 1996 to the present.
Among the suits’ claims were that the water in Poland Spring bottles was not from a pristine spring, nor as pure as its advertising claims.
Federal rules set eight years ago allow a water bottler to call its product “spring water” if it is drawn from the same source as a natural spring and if it meets certain requirements for its chemical composition. Poland Spring bottles water drawn from sources in Poland Spring, Hollis, Fryeburg and Poland.
The company notes the agreement affirms that Poland Spring bottled water is properly labeled and meets quality standards.
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