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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 preemption. 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, Southern District Judge Cathy Seibel held, granting PepsiCo.'s motion to dismiss.
December 18, 2008 at 12:00 AM
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