End Plastics

Courts vs. Plastic: The Legal Push to Tackle Pollution

Eco-friendly. Green. Recyclable. Environmentally conscious. These appealing labels may catch the eye of consumers striving to make more sustainable choices. But often, these buzzwords are vague, unverified, and strategically used to create a false sense of environmental responsibility. In reality, they’re prime examples of greenwashing—a deceptive marketing tactic designed to ease the moral dilemma of buying products that contribute to environmental harm.

Greenwashing deliberately misleads the public into believing they are selecting a “green” option even when they are not. The plastic industry — which is closely tied to fossil fuel production since the main ingredient of plastics is oil  — embraces greenwashing in its advertising by claiming that our plastic pollution crisis can be solved by recycling. In fact, we have only recycled 9% of all the plastic ever made.   

Thus, loyal consumers, convinced that the plastic they dispose of will be recycled at no threat to their health or the planet’s, can continue to purchase their favorite plastic products guilt-free. Meanwhile, plastic manufacturers evade public detection as contributors to global plastic pollution and the adverse health consequences it causes. 

The Scam of Plastic Recycling

Prominent corporations, such as Coca-Cola and Pepsi-Co, have spotlighted the appeal of plastic’s convenience and how easily single-use plastic packaging can be discarded after use. This strategy of planned obsolescence — in which a product is designed to be immediately disposed of — creates a self-fulfilling loop in which plastic manufacturers have to produce more plastic as a replacement for the old plastic we used for two minutes and trashed.

Yet, by claiming that nearly all plastics are recyclable, the plastic industrial complex has convinced the public that the millions of tons of plastic we throw away every year do not end up in landfills. The truth is, over 90% of plastic products that are supposedly recycled are in fact dumped into landfills or burned. 

This plastic releases microplastics and toxins into the soil and the atmosphere, which are detrimental to planetary, wildlife, and human health. The overwhelming amount of plastic waste we produce far exceeds our capacity for recycling it. We simply do not have enough recycling facilities to manage it all effectively and efficiently. 

Furthermore, there is no vast market for recycled plastic, and it is more expensive than making new virgin plastic. Hence, the plastic industrial complex continues.

Fighting Back Against the Plastic Industry

Within the last decade, images of the devastating impacts of plastic pollution, such as turtles being suffocated by plastic straws or entire coastal ecosystems polluted by a carpet of single-use plastics, have proliferated throughout popular culture and led to anti-plastic media campaigns. But what actually might make a much bigger impact on our plastic problem, in the end, are the legal actions that are increasingly starting to address the plastic PR industry’s wrongdoings head-on. 

Have Your K Cup, But Good Luck Recycling It

For example, in 2018, Bay Area resident Kathleen Smith filed a class action lawsuit against Keurig Green Mountain, Inc. on behalf of all Californians who had purchased K-Cups within the last two years. 

The company, now known as Keurig Dr. Pepper, claimed that its plastic single-serve ground coffee pods, known as K-Cups, were recyclable. However, the truth is that the vast majority of recycling facilities are simply not ill-equipped to handle these supposed types of recyclables.  K-Cups are typically two inches tall and equally as short across which is an issue for recycling plants. At the time of the lawsuit, K-Cup boxes were adorned with the tagline, “Have your cup and recycle it, too.” 

Smith happened to be one of the few individuals to catch on to this catchy but ultimately misleading message. 

Fast forward to 2022, justice was served. Despite the fact that Keurig never admitted to any wrongdoing for falsely representing K-Cups as recyclable, they were nonetheless forced to pay a $10 million settlement and to label their K-Cups with the new statement “Check Locally – Not Recycled in Many Communities,” thus revealing the unlikelihood of their products actually qualifying as recyclable to consumers of the product.

A company spokesperson said they intend to collaborate with recyclers across the country to be able to facilitate more recycling of K-Cups, essentially asking them to accommodate their specific product rather than redesign the K-Cup itself.

Hefty Bags Got Into Hefty Trouble 

In addition to civil cases like Smith v. Keurig Green Mountain, Inc., state government officials have followed suit with their own plastic litigation to highlight deceitful recycling claims. 

Between 2022 and 2023, both Connecticut and Minnesota’s respective Attorney Generals accused major plastic bag retailer Reynolds Consumer Products, Inc., the manufacturer of Hefty bags, of deliberately misleading consumers by marketing their bags as recyclable, even though they were aware that facilities at both states did not accept them. However, this kind of advertising claim — an example of greenwashing — violated unfair trade practices and consumer protection laws within both states. 

The primary problem surrounding the recyclability of Hefty plastic bags is that by the time they arrive at recycling centers, they are often contaminated with waste residue and therefore can no longer be recycled. As of 2024, Reynolds has removed imagery associated with recycling from its packaging and clearly labels each bag as “not recyclable.

Not So Natural: The Duplicity of Fiji Water Bottles

Litigation revolving around false recycling claims is not the only type of plastic lawsuit. For example, in 2024, John Daly, a Chicago resident, filed a proposed class action lawsuit against the manufacturer of Fiji water bottles, The Wonderful Company LLC, for false assurances of contaminant-free water, guaranteed safe for human consumption. 

Each bottle was emblazoned with the label “Natural Artesian Water.”  In fact a 2018 study, found that Fiji water contained a high level of microplastic contamination, thus allegedly violating the Illinois Consumer Fraud and Deceptive Business Practices Act designed to protect the public from misleading claims. 

Daly v. the Wonderful Company LLC is an ongoing class action case. Therefore, if you recently drank from a Fiji water bottle, you might be able to join it.  The case seeks to cover anyone who has purchased a Fiji water bottle within the last five years and feels that they were deceived,

Why This Matters 

Microplastics are everywhere, including inside us — so we deserve the truth about plastics. Microplastics are tiny particles of plastics the size of a grain of rice, and they are shed from everything and anything made of plastics. What’s more, toxic chemicals leach from them into our food and water, and we then ingest and inhale them. 

New research has found microplastics and their toxic chemicals have been associated with a range of human health issues, from cardiovascular disease, to infertility and birth defects, Alzheimer’s, and even some types of cancers

EARTHDAY.ORG released our Babies v. Plastic Report that unpacked how babies are especially at risk. Microplastics have been discovered in human breast milk, placentas delivered at birth, and within meconium, an infant’s first stool.

What You Can Do

Beyond diligently reading product labels that claim to possess some degree of sustainability, here is what else you can do. Sign EARTHDAY.ORG’s Global Plastics Treaty, our petition with over 25,000 signatures calling on global leaders to do their part in ending plastic pollution and forging a cleaner world for all of us.  Not satisfied? Check out our free resources, part of our End Plastics campaign, to learn more about how plastics get inside us and how you can limit your plastic intake. 

Tags: