Daily Briefing (Insiders Only): Cola Battle: L.A. Takes on Coke and Pepsi

Los Angeles County is looking to take Coke and Pepsi to court over the soda giants’ environmental impact.

The county announced this week that it has filed a lawsuit against PepsiCo and The Coca-Cola Company, as well as Pepsi Bottling Ventures and Reyes Coca-Cola Bottling, alleging those companies have tried to deceive the public about the recyclability of and potential health issues emanating from plastic bottles.

“PepsiCo and Coca-Cola – the top plastic polluters in the world – have littered the County of Los Angeles … with their plastic bottles and engaged in a disinformation campaign to make consumers falsely believe that purchasing their products in single-use plastic bottles is an environmentally responsible choice,” the complaint states, noting that plastic is the primary source of litter in California and has impacted the county’s water sources and natural resources.

The 41-page filing argues that both companies falsely promised “that recycling can offset any harm associated with single-use plastic bottles” – citing claims to create a “circular economy” where the packaging can be reused endlessly and numerous marketing materials touting their sustainability initiatives – despite knowing that such bottles “can only be recycled once, if at all.”

The county also alleges that Coke and Pepsi have regularly proposed solutions to the plastic pollution issue that “they know, or should know, will not solve the problem,” such as chemical recycling.

It also paints a portrait of consumers who have not only been misled about the efficacy of recycling, but burdened by the corporations’ claims, noting that people “have dutifully rinsed and sorted plastic products into designation recycling bins and carted them to curbs or trash rooms believing they are doing their part.”

The lawsuit seeks restitution for consumers and penalties of up to $2,500 per violation. The county is represented by law firm Motley Rice LLC.

The efficacy of plastic recycling programs has previously come under scrutiny this year as reports reveal that the vast majority of plastic waste cannot actually be reused. In August, a consumer poll of 1,231 American voters by Data for Progress and the Center for Climate Integrity found a majority wants to see the plastics and fossil fuels industries held responsible for misleading the public on the issue.

In September, the SEC fined another soda giant, Keurig Dr Pepper, for inaccurate statements made in regards to the recyclability of its K-Cup pods.