Nestle Pure Life Purified Bottled Water
January 2019: A federal judge dismissed the complaint without prejudice concluding that the issues in the complaint fell under the jurisdiction and expertise of the FDA and the state law claims were preempted. Later in the month, plaintiffs filed an amended complaint similarly alleging that Pure Life Purified bottled water contains high levels of plastics.
April 2018: A class-action lawsuit was filed against Nestle for allegedly misleadingly marketing Nestle Pure Life Purified bottled water as being “pure” and “purified” without disclosing that the water contains high levels of plastics. (Plaintiffs filed an amended complaint in October 2018.) (Baker et al v. Nestle S.A. et al, Case No. 18-cv-3097, C. D. CA.)
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When a complaint is dismissed with prejudice, it cannot be refiled.
When a complaint is dismissed without prejudice, an amended version of the complaint can be refiled.