Nestlé Waters North America (NWNA) has removed to federal court a putative class action alleging that the company failed to disclose that its Ice Mountain® 5-gallon bottles are not 100 percent natural spring water, “but are actually resold water sourced from municipal water systems.” The Chicago Faucet Shoppe, Inc. v. NWNA, Inc., No. 1:2012cv08119 (U.S. Dist. Ct., N.D. Ill., filed October 10, 2012). The named plaintiff, a company that contracted with NWNA in 2008 to deliver the water bottles to its Chicago office, filed the action on behalf of all purchasers in Illinois, Michigan, Minnesota, and Missouri under Illinois consumer fraud laws.
The removal notice claims that under the Class Action Fairness Act, diversity of citizenship exists between putative class members and the defendant and that the amount in controversy exceeds the $5-million jurisdictional threshold. “According to NWNA’s records, since October 2009, more than $5,000,000 of Ice Mountain® brand 5-ballon bottled water has been sold in Illinois alone. Consequently, the total aggregated amount of the putative class members’ claims for actual damages, punitive damages, and attorneys fees exceeds $5,000,000.”