Are You Allowed To Say That Plastic Is Recyclable? A New State Lawsuit

The latest in a growing number of plastic-related litigations, is an enforcement action brought by the state of California on September 23, 2024 against Exxon Mobil (Exxon) for false advertising and a host of nuisance claims associated with recycling its plastic products. In particular, California alleges that Exxon misled the public through advertising campaigns promising the public that recycling and “advanced recycling” (which purportedly involves converting used plastic into fuels, chemicals, waxes, and petrochemical feedstock, and then back into new plastic) could and would solve the “ever-growing plastic waste crisis.” The state alleges Exxon conducted recycling campaigns knowing it was infeasible and economically unviable to recycle the amount of plastic it produces. California requests that Exxon cease and desist any allegedly deceptive public statements regarding its plastic operations (including use of the term “advanced recycling”), abate any ongoing public nuisance (including the creation of an abatement fund), and pay the costs to clean up plastic waste and address harm caused by micro-plastics.

Arnold & Porter is closely following the growth of plastics-related litigation and evaluating the similarity of such claims with other product liability and environmental litigation.

© Arnold & Porter Kaye Scholer LLP 2024 All Rights Reserved. This Blog post is intended to be a general summary of the law and does not constitute legal advice. You should consult with counsel to determine applicable legal requirements in a specific fact situation.