As we continue to see a rise in litigation related to plastic pollution, plastic manufacturers must remain prepared and should carefully follow the different kinds of claims to see which ones are ultimately more successful.
Litigation surrounding plastics and microplastics has increased significantly in recent years due to growing concerns over plastic pollution. While some state governments have implemented bans or restrictions on certain plastic products, such as prohibiting microbeads in personal care products and enacting extended producer responsibility laws, the growing trend in plastics litigation extends beyond these actions. State attorneys general, non-governmental organizations (NGOs), and private party plaintiffs have tried various approaches and continue to develop new legal theories to hold consumer products, resin, and packaging manufacturers responsible for plastic pollution. These suits include citizen suits, public nuisance claims, and consumer protection claims based on allegations of greenwashing and deceptive advertising. It is still too early to determine which theories, if any, may be successful.
For citizen suits, environmental NGOs are expanding the use of the Clean Water Act to pursue litigation that reduces plastics in the environment. Regarding public nuisance actions, in November 2023, New York filed a lawsuit against Pepsico, seeking to hold the company responsible for plastic pollution along the Buffalo River. The state asserted claims for public nuisance and strict products liability, alleging that Pepsico created a public nuisance because microplastic fragments found in the river were the type of plastic used in Pepsi products. In addition, the state claimed that Pepsico made misleading statements about its efforts to reduce the use of non-recycled (virgin) plastics. In December 2024, the court dismissed the action stating that the "phantom assertions of liability...do nothing to solve" the pollution and recycling problems in Buffalo (N.Y. Sup. Ct., 2023, filed). The City of Baltimore filed a similar lawsuit against Pepsico, Coca-Cola, and other single-use plastic producers in June 2024. This case is still pending (Cir. Ct. Balt. Cty., 2024).
"Recent consumer class actions are targeting the trustworthiness of claims regarding the recyclability of products."
Furthermore, recent consumer class actions are targeting the trustworthiness of claims regarding the recyclability of products. These "greenwashing" actions are dependent upon state-specific consumer protection laws governing representations made to consumers. Currently, in a California case, the court is allowing a lawsuit to proceed based on claims that the defendants falsely and deceptively represented single-use water bottles as "100% Recyclable," when certain components, such as the bottle tops and labels, were not recyclable in California facilities (N.D. Cal., 2021, filed). In another set of greenwashing class actions, FIJI Water was targeted in a class action lawsuit for marketing its bottled water as "Natural Artisan Water," even though, according to the plaintiffs, the water contained microplastics (N.D. IL, 2024). On March 3, 2025, the court dismissed the action because the plaintiffs failed to allege that the product was actually tested for microplastics or contained microplastics in an amount that would be harmful to human health.
While companies seek dismissal of these lawsuits, some are using other tactics, including offensive litigation, to push back. For example, last year, California sued ExxonMobil for allegedly deceptive public messaging about its "advanced recycling technology" that the plaintiffs think obscure the company's contribution to plastic pollution (N.D. Cal., 2024). ExxonMobil is fighting back by suing California and environmental NGOs, alleging a smear campaign by attacking claims related to plastic recyclability (E.D. Tex., 2025). Both cases are in active litigation. Notably, ExxonMobil's suit was filed shortly before Energy Transfer's victory against Greenpeace for defamation related to Greenpeace's statements on the Dakota Access Pipeline (W.D. ND, 2017).
These cases highlight the efforts of states and consumers to address plastic pollution. With recent cuts to federal agencies, it is likely that states, environmental NGOs, and consumers will continue to lead the prosecution of plastic-related litigation. Companies are seeking to dismiss these lawsuits early, but many cases are relatively new, and it is unknown whether and under what circumstances this will be effective. To best protect against these claims, companies should gain a clear understanding of the materials used in their products, how those materials may be recycled, the effectiveness of recycling methods for those materials, and support for any statements of recyclability.
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