5/31/2011 5:15:00 PM,
Jeff D. Gorman
(CN) - A California woman cannot sue Fiji Water for false advertising based on the company's use of a green drop on the label.
Ayana Hill filed a class action against Fiji and Roll International, claiming that Fiji used the green drop to characterize its water as environmentally superior to other brands and as endorsed by an environmental organization.
Hill sued Fiji and Roll for fraud, unjust enrichment and violations of California's Unfair Competition Law, False Advertising Law and Consumers Legal Remedies Act. Though Roll is a holding company for various businesses owned by the trust that owns Fiji, it has no actual relationship with Fiji.
Hill said she paid 15 percent more for Fiji water than other brands at Walgreens cost, and that the green drop symbol is deceptively similar to other products' "seals of approval" from environmental groups.
She also cited Fiji's "Every Drop Is Green" slogan and website, Fijigreen.com.
The trial court ruled against Hill, claiming that she failed to state a claim. The San Francisco-based First District California Court of Appeals agreed.
"The problem for Hill is that she cannot show from the green drop, the website reference or the 'Every Drop Is Green' slogan, a representation in Fiji advertising that would mislead a reasonable person," Justice James Richman wrote for the court.