Sierra Club sues Coca-Cola, plastic water bottlers
By Jacob Wallace | 6/17/21 | E&E News
The Sierra Club today sued companies that bottle brands like Dasani, Poland Spring and Niagara, alleging their bottles are falsely advertised as "100% recyclable."
"Today's lawsuit is an important step toward ending the unchecked use of plastic that cannot be recycled," Sierra Club Executive Director Michael Brune said in a statement. "This misinformation campaign seriously harms our ability to collectively create a livable planet and a sustainable future."
Lawyers for the advocacy group are filing two lawsuits, one on behalf of the group and one on behalf of consumers.
Both lawsuits allege that Coca-Cola Co., Niagara Bottling LLC and BlueTriton Brands (formerly Nestlé Waters North America Inc.) violate California's Environmental Marketing Claims Act.
A spokesperson for Coca-Cola said the company does not comment on pending litigation. Niagara and BlueTriton did not respond to a request for comment by publication time.
The water bottles at issue are made with polyethylene terephthalate (PET), and at least 28% of all PET bottles are considered contaminated or lost in processing. That means the water bottles by definition couldn't be "100% recyclable," the Sierra Club contends.
The group also says that the labels on plastic water bottles, made out of a polypropylene film, and some polypropylene bottle caps are not recyclable.
The Sierra Club is asking courts to stop the bottlers from using the "100% recyclable" label and to compel cash refunds for consumers, arguing that the number of bottles sold and their prices were inflated by the label.
Judith Enck, a former regional EPA administrator and president of Beyond Plastics, said the recycling labels are a "public relations scheme" designed to deceive consumers.
"Quite honestly, we need companies to stop lying about the recycled content and recyclability of their products, and we need state regulators to start enforcing the law so consumers are not misled," Enck said.