As concerns about plastic pollution, including microplastics and synthetic microfiber, continue to rise, litigation surrounding these issues has also proliferated. A recent lawsuit targeted the Phillips Avent brand, focusing on the direct handling and discharge of microplastics and the environmental and health risks associated with these products. This suit is part of a growing wave of litigation seeking to hold companies accountable for their contributions to plastic pollution.
In response, federal and state governments have intensified their focus on plastic pollution. Last month, the Biden administration released a government-wide strategy to combat plastic pollution under existing federal laws. This follows the 2015 Microbead-Free Waters Act and the more recent Plastic Pellet Free Water Act introduced in the Senate in 2023.
California has been particularly proactive, implementing a statewide microplastics strategy approved by the Ocean Protection Council. The state has sought to prohibit microbeads in personal care products, ban certain single-use plastics, and require producers to be responsible for end-of-life management of their plastic products. Legislative efforts targeting synthetic microfiber pollution include labeling on synthetic clothing and installing microfiber filtration systems on washing machines.
Litigation has also emerged as a key tool for addressing plastic pollution. Citizen suits have targeted the discharge of microplastics, and cases like the 2019 settlement involving a plastic producer under the Clean Water Act illustrate the financial and operational consequences for companies. The recent lawsuit against tire manufacturers for the inclusion of chemicals in tires that allegedly harm endangered species further underscores the complexity of these issues.
Additionally, claims of greenwashing and misrepresentation in product recyclability have also gained traction. Keurig Green Mountain, for instance, faced a lawsuit settled in 2022 over its recyclable claims for single-serve coffee pods. Similar claims are being made against other companies, including apparel brands like H&M and baby bottle manufacturers, raising the stakes for corporate transparency.
Efforts to address plastic pollution are also manifesting in claims of public nuisance and securities violations. In California, major consumer product companies were sued for their alleged contributions to plastic waste in waterways. New York and Baltimore City have also initiated separate lawsuits against PepsiCo Inc. and others for plastic waste-related public nuisance claims.
As awareness and regulatory scrutiny around plastic pollution grow, litigation is expected to follow. Companies need to remain vigilant regarding the potential downstream effects of their products and ensure that their claims about product safety and recyclability are accurate to mitigate legal risks.
Read the full piece on Bloomberg Law here.