Companies Face Rising Lawsuits Over Plastic Pollution and Greenwashing Claims

Attorneys Brian Scarbrough and Arie Feltman-Frank from the Jenner & Block firm write in Bloomberg Law that concerns over plastic pollution and greenwashing have intensified, leading to a surge in lawsuits targeting companies for their environmental impacts. 

Recent legal actions have focused on various industries, from baby bottle manufacturers to tire companies, accusing them of contributing to plastic pollution, particularly microplastics, and misleading consumers about product safety and recyclability.

The authors highlight that federal and state governments are increasingly scrutinizing plastic pollution. The Biden administration has developed a strategy targeting plastic pollution under existing laws. Notable legislative efforts include the 2015 Microbead-Free Water Act and the proposed Plastic Pellet Free Water Act of 2023, which aim to reduce plastic waste. Additionally, California leads state efforts with its microplastics strategy, focusing on banning microbeads, restricting single-use plastics, and addressing microfiber pollution.

According to the article, litigation has expanded across multiple fronts, and citizen suits have targeted companies for direct handling and discharge of microplastics. Noteworthy cases include a 2019 Clean Water Act violation by a plastic producer and a 2020 lawsuit against a company for plastic pellet discharges. In 2023, tire manufacturers were sued for alleged harm to endangered species due to a chemical in their products.

Greenwashing claims have also emerged, with companies like Keurig and H&M facing lawsuits for allegedly misrepresenting the environmental impact of their products. Public nuisance claims, such as those against major food and beverage companies in California and PepsiCo in New York, have further highlighted the growing legal risks for companies contributing to plastic pollution.

As plastic pollution and greenwashing remain a critical issue, companies are increasingly vulnerable to litigation concerning product design, advertising, and environmental impact.