Coca-Cola and its rival PepsiCo are entangled in a lawsuit filed in California that alleges they misled the public about the recyclability of their plastic bottles.

Los Angeles County filed suit against the corporations last week, claiming the two made consumers believe that purchasing their products in single-use plastic is an environmentally responsible choice, further alleging the companies knew the bottles cannot be recycled in a way that meaningfully reduces harm. Instead of being reused again and again, much of the plastic becomes plastic waste, polluting LA County’s natural resources and washing into waterways and sewer systems, according to the complaint filed in California federal court.

Both companies have promised to create a “circular” ecosystem in which plastic bottles can be recycled and reused an endless number of times, while in reality, plastic bottles can only be recycled once, LA County alleged. Single-use plastics account for much of the plastic waste that escapes into the environment, according to the complaint.

LA County in its complaint says it seeks to hold the beverage companies accountable for their role in “the plastic crisis that is overwhelming the county.”

Global environmental group Break Free From Plastic consistently ranks the two companies among the top plastic polluters in the world. PepsiCo produces approximately 2.5 million metric tons of plastic and Coca-Cola produces approximately 3.2 million metric tons of plastic annually.

Coca-Cola referred The Atlanta Journal-Constitution to an industry group for comment on the suit. In a statement on behalf of Coca-Cola and Pepsi, an executive with the American Beverage Association said the allegation that the packaging is not and will not be recycled is untrue.

“Our bottles are designed to be recycled and remade and can include up to 100% recycled plastic,” William Dermody, the organization’s vice president of media and public affairs, said in a statement. “America’s beverage companies are proud of our leadership in California, and across the country, and will continue our partnership with the Golden State to get every bottle back.”

This is not the first lawsuit the beverage giants have faced regarding their claims about recyclability. In 2021, California consumers filed suit against Coca-Cola and several other bottled water companies for falsely representing its plastic bottles as 100% recyclable. The Northern District of California dismissed the complaint in 2023.

And last November, the New York attorney general sued PepsiCo, alleging it was misleading the public about its goals to eliminate single-use plastic in its packaging. A judge dismissed the case last Thursday, stating in a court filing that there was no “failure to warn” the public on plastic-related dangers and there was no cause of action to punish the companies for the actions of a third party — people who litter, The Associated Press reported.

In recent years, both companies have scaled their sustainability practices as part of an effort to become more environmentally-conscious companies, and have acknowledged the roles they play in plastic pollution. PepsiCo set a goal to make at least 98% of its packaging recyclable, compostable, biodegradable or reusable by 2025. Coca-Cola set a goal to make 100% of its packaging recyclable by 2025, and use at least 50% recyclable material in its packaging by 2030. Both companies have donated to nonprofit organizations to help expand curbside recycling and provide recycling education within communities.

The Coca-Cola Foundation, the company’s nonprofit arm, has been particularly active in recycling efforts in Atlanta. Five years ago, the company’s nonprofit arm partnered with The Recycling Partnership to launch a $4 million program to improve access to recycling and increase the capture of recyclable items in the city. Around this time, it also donated 25 recycling bins to the Piedmont Park Conservancy.

In a 2019 op-ed published in the AJC, then- Coca-Cola North America President Jim Dinkins said the company aims to recover the equivalent of a bottle and can for each one it sells in Atlanta over the next few years, along with expanding the package-less delivery of its products through self-service dispensers, such as Coca-Cola Freestyle machines.

“As an Atlanta-area native who raised my family in this beautiful city, I long to see us protect it for the next generation,” Dinkins wrote in the op-ed. “And, as a proud employee of a company that has called Atlanta home for over a century, I know we can use our resources and our passion to make a difference.”

According to the LA County complaint, consumers for years have purchased products in single-use plastic bottles, believing, based on PepsiCo’s and Coca-Cola’s marketing, they can be recycled.

“They have dutifully rinsed and sorted plastic products into designated recycling bins and carted them to curbs or trash rooms believing they are doing their part to make sure that the plastic they buy does not end up as waste,” the complaint reads. “Except at the margins, it is theater — a show designed to make consumers feel good about, and be willing to, consume unprecedented volumes of defendants’ single-use plastic.”

The complaint also alleges PepsiCo and Coca-Cola failed to disclose the presence of microplastics in their products. Microplastics are minuscule bits of plastic measuring five millimeters or less.

The lawsuit is seeking a court order to stop the companies’ “unfair and deceptive business practices,” along with restitution for consumers and civil penalties of up to $2,500 per violation, AP reported.

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