Los Angeles County Sues Coca-Cola and PepsiCo Over Plastic Pollution, Recyclability Claims

Los Angeles County announced that it has filed a lawsuit against beverage giants PepsiCo and Coca-Cola, claiming that the companies play a significant role in plastic pollution’s negative impacts on the environment and public health; have misrepresented the recyclability of plastic beverage containers to the public; and have failed to disclose significant environmental and health harms associated with the use of plastic beverage containers.

The lawsuit, filed in Los Angeles Superior Court, alleges that Coca-Cola and PepsiCo have mispresented the environmental impact of plastic beverage containers, claiming that they are “recyclable” despite knowing that plastics cannot be readily disposed of without associated environmental impacts. According to the county, most plastic containers end up at landfills or as litter, while recycling using current methods, while most plastic containers end up at landfills or as litter.

Los Angeles County Board Chair Lindsey P. Horvath said:

“Los Angeles County is committed to reducing the use of plastic and protecting the environment. Coke and Pepsi need to stop the deception and take responsibility for the plastic pollution problems your products are causing. Los Angeles County will continue to address the serious environmental impacts caused by companies engaging in misleading and unfair business practices.”

Coca-Cola and PepsiCo, collectively, own dozens of beverage brands, including Coke, Pepsi, Dasani, Smartwater, Fanta, Aquafina, Gatorade, 7-Up, Sprite, Vitamin Water, and Mountain Dew. Given their significant share of the beverage market, the two companies have been ranked as the world’s top plastic polluters for five consecutive years, with no meaningful accountability for their plastic pollution.

The lawsuit alleges that actions by Coca-Cola and PepsiCo have contributed to plastic pollution becoming a local and global crisis and a threat to both human and environmental health. The lawsuit contends that PepsiCo and Coca-Cola engaged in a disinformation campaign to make consumers falsely believe that purchasing their products in single-use plastic bottles is an environmentally responsible choice.

Because plastic does not biodegrade completely in the environment, but rather breaks down into smaller fragments and pieces, their plastic products accumulate and pollute the county’s land and water sources, contaminating the county’s natural resources, harming the environment and wildlife, and threatening public health. These microplastics are a “real global threat for environment and food safety,” according to the National Institutes of Health. Microplastics are also increasingly being found in humans where they can cause negative health impacts.

PepsiCo and Coca-Cola have misled consumers by deceptively promising that recycling can offset any harm associated with single-use plastic bottles, county officials said. For example, Coca-Cola has promised to create a “circular economy” for their bottles, in which plastic bottles can be recycled and reused an endless number of times. Similarly, PepsiCo has overplayed the recyclability of its bottles by promising that it can create a “circular economy for plastics,”  according to the suit. PepsiCo and Coca-Cola have also made false promises that they would increase the use of recycled plastic by certain percentages and eliminate the use of virgin plastic, the suit contends.

The lawsuit, filed by County Counsel Dawyn R. Harrison on behalf of the People of the State of California in response to complaints from consumers across the County and the state, seeks injunctive relief to stop the companies’ unfair and deceptive business practices, restitution for consumers of the money acquired by means of the companies’ unfair and deceptive business practices, and civil penalties of up to $2,500 per violation. County Counsel’s Affirmative Litigation and Consumer Protection Division will prosecute the case in civil court.

“The goal of this lawsuit is to stop the unfair and illegal conduct, to address the marketing practices that deceive consumers, and to force these businesses to change their practices to reduce the plastic pollution problem in the County and in California,” Harrison said. “My office is committed to protecting the public from deceptive business practices and holding these companies accountable for their role in the plastic pollution crisis.”