Los Angeles County has become the latest jurisdiction to challenge corporate greenwashing claims about plastics, accusing Coca-Cola and PepsiCo of deceptive marketing practices that harm public health and the environment. The civil corporate sustainability lawsuit, filed on 30th October, describes plastic waste as a “public nuisance”, citing that it constitutes seven of the ten most common litter items found on California beaches.
The county claims it spends over $2 million annually to intercept trash along the Los Angeles River and Ballona Creek, in addition to millions more spent on street clean-ups. The lawsuit accuses the beverage giants of misleading consumers with advertising that promotes the recyclability of single-use plastic bottles, even though US plastic recycling rates remain below 10 percent. The complaint describes such efforts as “theatre: a show designed to make consumers feel good about, and be willing to, consume unprecedented volumes of defendants’ single-use plastic.”
Los Angeles County is seeking a court order to halt these “unfair and deceptive business practices,” provide consumer restitution, and impose civil penalties of $2,500 per violation. According to Dawyn R. Harrison, Los Angeles County Counsel, the lawsuit aims to compel companies to reform their marketing practices and play an active role in reducing plastic pollution in California. “The goal is to stop illegal conduct, address deceptive marketing, and force these businesses to change practices that worsen the plastic crisis,” Harrison stated.
Mixed legal outcomes and growing frustration
This lawsuit follows a similar legal challenge filed by New York State against PepsiCo, which was dismissed on 31st October. New York Supreme Court Justice Emitio Cotaiacovo ruled that environmental concerns alone do not justify claims of corporate liability. However, experts argue that Los Angeles’s case has stronger legal standing due to California’s stricter environmental laws.
Other cases, including lawsuits in Baltimore and Washington, D.C., highlight an ongoing struggle to determine whether corporate sustainability messaging is “false or misleading” or merely “aspirational puffery.” A Washington, D.C. case brought by Earth Island Institute against Coca-Cola survived a motion for dismissal in September, reflecting the courts’ inconsistent handling of such claims.
The fight against greenwashing claims and the push for alternatives
The Los Angeles case adds momentum to the fight against greenwashing; a practice where companies exaggerate or misrepresent their environmental efforts. Judith Enck, president of the advocacy group Beyond Plastics, urged companies to prioritise action over rhetoric: “They should stop lying about plastics recycling and focus on alternatives like paper packaging, which doesn’t last for centuries when released into the environment.”
To avoid further legal challenges, businesses are being encouraged to shift their strategies. This includes supporting the development of uniform standards for environmental claims and embracing alternative packaging solutions. As Parenteau noted, “Without clear standards, companies will continue to face ad hoc legal battles on a case-by-case basis.”
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Final thoughts
This lawsuit highlights the increasing public and legal demand for corporations to move beyond greenwashing claims and take meaningful action to address plastic waste. As scrutiny over environmental claims intensifies, businesses must prioritise transparency and authenticity to avoid reputational damage and build stakeholder trust.
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