Los Angeles County has filed a lawsuit against PepsiCo and Coca-Cola for environmental and health impacts from their plastic soda bottles and for allegedly misrepresenting their efforts to mitigate the harm.
Coca-Cola and PepsiCo, collectively, own dozens of beverage brands, including Coke, Pepsi, Dasani, Smartwater, Fanta, Aquafina, Gatorade, 7-Up, Sprite, Vitamin Water, and Mountain Dew. The suit alleges that the two companies have been ranked as the world’s top plastic polluters for five consecutive years, with no meaningful accountability for their plastic pollution.
PepsiCo produces approximately 2.5 million metric tons of plastic and Coca-Cola produces approximately 3.224 million metric tons of plastic each year. Some of that winds up in the ocean, though it’s an unknown fraction of the 8-10 million metric tons of plastic that ends up in the ocean each year. However, plastic used and consumed around coastal areas is considered “ocean-bound” plastic–plastic that is likely to wind up in the ocean. A report by UNESCO shows that plastic waste makes up 80% of all marine pollution.
The lawsuit alleges that Coca-Cola and PepsiCo promised to create a “circular economy” for their bottles, in which plastic bottles can be recycled and reused an endless number of times. However, the suit said, plastic bottles can only be recycled once, if at all, making promises of a “circular economy” impossible. Recycling using current methods is incapable of eliminating the environmental impacts, and most plastic containers end up at landfills or as litter.
Additionally, the production, disposal, and recycling of plastic all create greenhouse gas emissions and microplastics, which have found their way into the organs of both humans and sea life. It is estimated that more than 75 trillion pieces of plastics and microplastics were found in ocean plastic pollution as of 2022.
“Los Angeles County is committed to reducing the use of plastic and protecting the environment,” said Los Angeles County Board Chair Lindsey P. Horvath. “Coke and Pepsi need to stop the deception and take responsibility for the plastic pollution problems your products are causing. Los Angeles County will continue to address the serious environmental impacts caused by companies engaging in misleading and unfair business practices.”
William Dermody, spokesman for the American Beverage Association, which PepsiCo and Coca-Cola are a part of, denied the lawsuit’s accusations about their recycling labels.
“California has one of the highest bottle recycling rates in the country — 71% in 2023. Our bottles are designed to be recycled and remade and can include up to 100% recycled plastic.”
The lawsuit, filed by County Counsel Dawyn R. Harrison on behalf of the People of the State of California in response to complaints from consumers across the County and the state, seeks injunctive relief to stop the companies’ unfair and deceptive business practices, restitution for consumers of the money acquired by means of the companies’ unfair and deceptive business practices, and civil penalties of up to $2,500 per violation. County Counsel’s Affirmative Litigation and Consumer Protection Division will prosecute the case in civil court.