Los Angeles County recently launched a lawsuit against two of the world’s largest beverage companies, PepsiCo and Coca-Cola, accusing them of misleading the public about the environmental impact of their plastic products. Filed on Oct. 30, the suit alleges that both companies have misrepresented the recyclability of plastic beverage containers and their role in the ongoing plastic pollution crisis. The case, which focuses on public nuisance, unfair competition, and false advertising law violations, seeks both restitution and civil penalties.
The legal challenge asserts that PepsiCo and Coca-Cola have falsely promoted their products as recyclable, despite knowing the significant environmental harm plastic pollution causes. According to Los Angeles County Board Chair Lindsey Horvath, the county is determined to hold these companies accountable: “Coke and Pepsi need to stop the deception and take responsibility for the plastic pollution problems your products are causing.”
Plastic pollution has become a severe global environmental crisis, with single-use plastics dominating the waste landscape. According to the 2023 Global Brand Audit by the non-profit group Break Free From Plastic, Coca-Cola is ranked as the top plastic polluter globally, a title it has held for six consecutive years. PepsiCo follows closely behind, contributing substantially to the vast amounts of plastic waste generated worldwide.
Reports indicate that Coca-Cola produces an estimated 3.224 million metric tons of plastic annually, while PepsiCo produces about 2.5 million metric tons. The lawsuit highlights how these plastics, particularly beverage containers, have accumulated in Los Angeles County’s lands and waterways, posing risks to wildlife and public health. Furthermore, plastic is the top type of litter across California’s beaches, underscoring the need for more effective solutions to address this environmental hazard.
The lawsuit points to claims made by PepsiCo and Coca-Cola about a “circular economy,” wherein plastic bottles are marketed as recyclable and environmentally friendly. However, according to the lawsuit, such claims are misleading. Los Angeles County argues that “plastic bottles can only be recycled once, if at all, making promises of a ‘circular economy’ impossible.” Furthermore, the county alleges that the companies have promoted alternative solutions like chemical recycling, which they “know, or should know, will not solve the problem.”
The county’s suit aligns with similar actions taken recently. For instance, in September, California Attorney General Rob Bonta filed a lawsuit against Exxon Mobil, accusing the company of falsely promoting plastic as universally recyclable. Both cases argue that these corporations are engaging in deceptive practices that hinder consumers from making informed environmental choices.
Despite mounting criticisms, representatives of the beverage industry have defended their recycling efforts. The American Beverage Association (ABA), which includes PepsiCo and Coca-Cola as members, has pushed back on the claims, citing California’s high bottle recycling rate. William Dermody, the ABA’s vice president of media and public affairs, highlighted these recycling efforts, stating, “California has one of the highest bottle recycling rates in the country—71 percent in 2023. Our bottles are designed to be recycled and remade and can include up to 100 percent recycled plastic.”
Yet, waste management experts argue that even with a high recycling rate, a significant portion of plastic waste remains unaccounted for, often ending up in landfills or littering the environment. Experts further note that plastic bottles can only be recycled a limited number of times before the material degrades and must be “down-cycled” into lower-quality products like carpeting or outdoor furniture, which themselves cannot be recycled.
The lawsuit argues that misleading claims about plastic recycling have contributed to widespread consumer confusion. According to Rosa Pritchard, a plastics lawyer at the environmental organization ClientEarth, “The reality is single-use plastic is neither circular nor sustainable. Recycling can never catch up with the sheer volume of plastic produced on our planet.” This sentiment resonates with global environmental groups advocating for stricter regulations on plastic production and use.
In addition to environmental damage, the accumulation of plastic waste has led to growing concerns about the impact of microplastics on human health. Tiny plastic particles have been detected in a wide range of ecosystems and organisms, including humans. Microplastics are now found in human organs such as the brain, heart, and lungs, raising questions about the long-term health consequences of plastic pollution.
The case brought by Los Angeles County against PepsiCo and Coca-Cola joins a wave of legal actions aimed at holding corporations accountable for their contributions to the plastic crisis. Environmental advocates see these lawsuits as essential steps in pushing for systemic change. Jennifer Savage from the Surfrider Foundation, a nonprofit dedicated to protecting oceans, stated, “It’s encouraging to see corporate polluters finally being held accountable for exploiting the trust of their customers in order to turn huge profits at the expense of human and planetary health.”
Los Angeles County’s lawsuit seeks to not only penalize the beverage giants but also to halt what it describes as unfair and deceptive business practices. “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,” County Counsel Dawyn R. Harrison emphasized.
As companies like PepsiCo and Coca-Cola continue to face scrutiny over their environmental impact, advocates argue that greater transparency and accountability are crucial for addressing the plastic crisis. Matt Littlejohn of Oceana, a nonprofit ocean conservation organization, applauded the county’s actions: “We applaud Los Angeles County for taking this action on plastic pollution.”
The lawsuit signals a growing momentum among states and local governments to address plastic pollution at its source. While Coca-Cola and PepsiCo continue to maintain that they are committed to sustainability, the allegations against them suggest a broader need for policy changes to curb plastic waste and protect ecosystems worldwide. As the Los Angeles County Board of Supervisors reiterated, existing recycling methods are “incapable of eliminating environmental impacts,” and companies bear a significant responsibility to mitigate the harm their products cause.
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