Plastics & Microplastics | Class Action Greenwashing Lawsuits
Class Action Lawyers at The Lyon Firm are investigating a wide range of greenwashing and deceptive marketing cases involving large manufacturers of plastics. Due to public concerns regarding the growing environmental catastrophe of plastic pollution, several high-profile lawsuits have been filed against large plastic producers like PepsiCo and Exxon Mobil.
New litigation has shifted strongly toward holding large producers accountable for massive quantities of plastics and microplastics in our waterways and beyond. With state and federal regulations on plastics frequently behind the curve, environmental lawyers have taken the lead to try to rein in large corporate polluters.
Understanding Consumer Plastic Lawsuits
State attorneys general, non-governmental organizations (NGOs), and private plaintiff attorneys like Joe Lyon are dedicated to holding negligent companies accountable for producing plastic consumer products and packaging that will almost always end up in a landfill, or worse, in our waterways. Plaintiffs have claimed that producers have misled American consumers into believing that plastic recycling is an effective solution to a massive plastic waste crisis.
Individuals have the right to file public nuisance and consumer protection claims when they believe a company has taken advantage of them with greenwashing marketing schemes and deceptive advertising. As a result, several lawsuits against large plastic packaging producers have been filed, alleging that these companies misled consumers and misrepresented the ultimate environmental impact of their business practices.
Plastic recyclability is often exaggerated, and although you may find a variety of official recycling symbols on your water bottles, tubes of toothpaste and sunscreen, personal care products and other consumer plastic packaging, the ability to recycle many of these products may be greatly limited. Some companies claim their products are 100% Recyclable. This isn’t always accurate. Certain components, like bottle tops and labels, are not always recyclable in recycling facilities. Because there are so many types and grades of plastic packaging, recycling them is typically not viable—often neither cost-efficient nor energy-efficient.
Consumer Protection Attorneys and Plastics Litigation challenge all “natural,” “environmentally-friendly,” or “healthy” claims for the benefit of the environment and public health. Plaintiffs can also seek economic damages and punitive damages to ensure companies will change their business practices for the better.
What are some recent Plastics Lawsuits?
Recently, some plaintiffs have cited the Clean Water Act to file public nuisance claims against large plastics polluters. In November 2023, New York filed a lawsuit against PepsiCo in an attempt to hold the company responsible for plastic pollution along the Buffalo River. The state alleged that Pepsico created a public nuisance with the river filled with microplastic fragments derived from Pepsi products. At the same time, Pepsico made statements about its efforts to reduce the use of non-recycled (virgin) plastics. Baltimore filed a similar lawsuit against Pepsico, Coca-Cola, and other single-use plastic producers in June 2024.
In 2024, California sued ExxonMobil for alleged deceptive PR about its “advanced recycling technology” that the plaintiffs said misled the public about Exxon’s contribution to plastic pollution.
Other companies have been sued over the presence of microplastics in their products. As in the case with PFAS contamination, if there are microplastics in a consumable product, a company should be aware of it and should not mislead any consumers to believe they are not present. Microplastics are small plastic particles released from larger plastic products as they break down over time. Danone Waters of America, LLC was hit with a lawsuit that alleged that their claims of their water as “natural” was misleading because it contained microplastics. Another company was sued because their “BPA-Free” product contained microplastics.
By filing a class action lawsuit against large plastics polluters, consumers can put financial pressure on the companies to reduce their plastic production and develop sustainable packaging alternatives. If a company sells a product with false claims that it is “carbon neutral” or “sustainable,” which sometimes turn out to be misleading, consumers can sue the company for a greenwashing tactic and can seek compensation after paying a premium for a product they believed was environmentally friendly.
Joe Lyon and the attorneys at The Lyon Firm are committed to holding large companies responsible for deceptive marketing and greenwashing tactics that harm consumers and can ultimately cause damage to the environment. Many claims about carbon neutrality and recyclability have been false, and companies continue to flood the market with plastics and microplastics. Contact our legal team to find out if you can join ongoing class action litigation or to file a new claim.