Microplastics are small plastic particles released from plastic products as they break down over time, and they are present everywhere in the environment.1 Although there is not yet conclusive scientific evidence demonstrating how microplastics affect human health, increased focus has been placed on potential health effects from microplastics.2 Lawyers for class action plaintiffs are paying attention too.
Plaintiffs have recently brought claims against large manufacturers alleging that their products contain harmful microplastics. These lawsuits typically allege that a product’s labeling and branding is misleading because it does not disclose that the products contain microplastics. For example, one lawsuit, Daly v. Danone Waters of America, LLC, alleged that the labeling of bottled spring water was misleading because the label referred to the water as “natural” even though it contained microplastics. The court explained that federal regulations define “spring water” as water that, for example, comes from a “natural spring.” Because the defendant’s labeling complied with this definition, the Court found the plaintiffs’ claims to be preempted and dismissed the action.3
Footnotes
[1] https://www.fda.gov/food/environmental-contaminants-food/microplastics-and-nanoplastics-foods; https://magazine.hms.harvard.edu/articles/microplastics-everywhere.
[2] https://magazine.hms.harvard.edu/articles/microplastics-everywhere; https://www.cnn.com/2024/12/09/health/microplastic-risk-reduce-exposure-wellness/index.html.
[3] See Daly v. Danone Waters of America, LLC, No. 24 C 2424, 2024 WL 4679086 (N.D. Ill. Nov. 5, 2024).
[4] See generally Miller v. Philips North America LLC, No. 24-cv-03871 (N.D. Cal.), Dkt. 46.
Related Attorneys
Related Articles
Related Capabilities
© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.