Los Angeles County files lawsuit against Pepsi and Coca-Cola regarding plastic bottles

LOS ANGELES — Los Angeles County has initiated legal action against PepsiCo and Coca-Cola, accusing them of contributing significantly to plastic pollution. The county’s lawsuit, filed on Wednesday, claims that both companies have misrepresented the recyclability of their plastic bottles and have insufficiently acknowledged the adverse health and environmental effects associated with plastic waste disposal.


LA County Supervisor Lindsey Horvath emphasized the importance of accountability, stating, “Coke and Pepsi need to stop the deception and take responsibility for the plastic pollution problems your products are causing.” Horvath further asserted that Los Angeles County will actively confront the severe environmental consequences resulting from misleading and unfair practices by corporations.


Coca-Cola’s portfolio includes well-known brands such as Dasani, Fanta, Sprite, Vitamin Water, and Smartwater, while PepsiCo markets popular beverages like Gatorade, Aquafina, and Mountain Dew. These two corporations have consistently ranked as the leading plastic polluters globally for five consecutive years, with Coca-Cola reportedly holding the top position for six years, as documented by the environmental organization Break Free From Plastic.


According to estimates from Break Free From Plastic, PepsiCo generates approximately 2.5 million metric tons of plastic annually, while Coca-Cola produces around 3.224 million metric tons. In a separate development, a consumer protection organization in the European Union, along with environmental groups, lodged a legal complaint against Coca-Cola, Nestle, and Danone last November, alleging that they misrepresented their packaging as being 100% recycled or fully recyclable.


The lawsuit from LA County claims that both Coca-Cola and PepsiCo have engaged in “disinformation campaigns,” leading consumers to believe that single-use plastics are recyclable and less harmful to the environment. It further alleges that the companies have marketed a “circular economy” for their plastic bottles, claiming they can be recycled and reused indefinitely, when in fact, plastic bottles are typically only recyclable once, if at all.


The American Beverage Association, representing both PepsiCo and Coca-Cola, refuted the claims made in the lawsuit. Spokesperson William Dermody stated, “The allegation that our packaging is not and will not be recycled is simply not true.” Dermody highlighted that California achieved a bottle recycling rate of 71% in 2023, among the highest in the nation, asserting that their bottles are designed for recycling and can include up to 100% recycled materials.


In 2022, California saw an estimated 121,324 to 179,656 tons of plastic waste ending up in its land and ocean environments. Plastics constituted seven out of the top ten litter items found on beaches, according to the lawsuit. A significant issue related to this pollution is microplastics. Over time, plastics that escape into the environment break down into tiny fragments measuring five millimeters or smaller. These microplastics can pose risks to soil, plants, marine life, and are exceedingly difficult to eliminate from the ecosystem.


Research conducted by Australian scientists, on behalf of the World Wildlife Fund, in 2019 suggested that the average person ingests roughly 5 grams of plastic weekly through common foods and beverages. Additionally, microplastics have been detected in human body tissues and organs. While further research is needed, there is increasing apprehension regarding the potential health complications associated with microplastics, including connections to heart disease, Alzheimer’s, dementia, and other health issues.


The lawsuit seeks judicial intervention to halt what it describes as the companies’ “unfair and deceptive business practices,” as well as restitution for affected consumers and civil penalties reaching up to $2,500 for each violation. In February 2020, the environmental nonprofit organization Earth Island Institute initiated a lawsuit in California, calling for damages and demanding that Coca-Cola, PepsiCo, Nestle USA, Procter & Gamble, and several other companies be held accountable for cleaning up their plastic waste.


Additionally, New York State filed suit against PepsiCo last November, holding the company accountable for its contributions to the plastic waste polluting the Buffalo River, a body of water that feeds into Lake Erie and provides drinking water to the city of Buffalo.