An attempt to sue PepsiCo for misrepresenting that Aquafina water comes from a pure mountain spring and not from public water supplies has been defeated by federal pre-emption.

Plaintiffs in multidistrict litigation claimed they believed that the iconic picture of mountains with a red-orange sun behind them on the label accompanied by the slogan “Pure Water-Perfect Taste” meant that bottled water came from a pure stream. But they lost out because the federal Food and Drug Administration defines purity and Aquafina fits its definition.

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