Nov 6 (Reuters) - The maker of Evian spring water,

Danone, won the dismissal of a lawsuit on Tuesday

accusing it of defrauding consumers with labels that claim the

water is "natural" even though it contains microplastics that

seep from the bottle.

U.S. District Judge Thomas Durkin in Chicago said the U.S.

Food and Drug Administration regulation for spring water does

not mention microplastics, preempting the plaintiffs' claim that

concealing their presence violates state consumer protection

laws.

"The regulation defines 'spring water' as, in part, the

water that is harvested from a 'natural spring,'" Durkin wrote.

"As long as water comes from a 'natural spring' it can be

labeled 'spring water,' and by extension 'natural.'"

Durkin found it unnecessary to address whether the

regulation also addresses the content of water, not just the

source.

Michael Daly and Michael Dotson, who led the proposed class

action, said Danone's labeling caused them to pay premium prices

for Evian, which they called a "non-premium" product.

They sought unspecified damages of at least $5 million for

U.S. purchasers over the last five years. Durkin gave them until

Dec. 6 to amend their complaint.

Lawyers for the plaintiffs did not immediately respond on

Wednesday to requests for comment. Danone, based in Paris, and

its lawyer did not immediately respond to similar requests.

The lawsuit is among hundreds of proposed class actions

filed annually against food producers, many challenging the

accuracy of labels.

In January, a federal judge in White Plains, New York, said

Danone must face a consumer lawsuit challenging its "carbon

neutral" claim on Evian bottles, saying the term was ambiguous

and could be confusing. That lawsuit remains unresolved.

The case is Daly et al v Danone Waters of America LLC, U.S.

District Court, Northern District of Illinois, No. 24-02424.