Nonprofit sues large companies that use plastic in products

An environmental nonprofit has sued a suite of major corporations in Los Angeles County Superior Court, alleging the companies have known for years their products are harming people and the environment through profligate use of single-use plastic products.

The complaint, filed Wednesday by the Earth Island Institute, says companies including Coca-Cola and Nestle should pay restitution for environmental damage caused through either negligent or purposeful action. The complaint also said these companies have failed to warn the public of their products’ alleged ill effects.

“There is a staggering 150 million metric tons of plastic in the marine environment,” said the complaint, claiming plastic waste will outweigh all the fish in the oceans by the year 2050.

The lawsuit, filed in San Mateo County Superior Court, said an audit conducted by more than 72,000 volunteers in 51 countries “identified the 10 companies most responsible for plastic pollution as: Coca—Cola, Fiestle, PepsiCo, Mondelez International, Unilever, Mars Incorporated, Procter & Gamble, Colgate-Palmolive, Phillip Morris International, and Perfetti van Melle.”

The complaint said the top three contributors are Coca—Cola, PepsiCo, and Nestle, who account for 14% of global oceanic plastic pollution. Earth Island Institute v. Crystal Geyser Water Company et al., 20CIVO1213 (S.M Sup. Ct. Filed Feb. 26, 2020).

Mark Molumphy, a partner at Cotchett, Pitre & McCarthy LLP, and lead counsel for Earth Island, said, “This is not just a disaster that future generations will have to deal with. It is happening now and getting worse with each passing day. We are ingesting more and more plastic in the water we drink and the food we eat.”

“The Coca-Cola Company and our other defendants churn out millions of tons of plastic packaging each year and want us to believe that it is all being recycled. It’s a misinformation campaign, similar to those used by big tobacco, big oil, and big pharma. Now is the time to hold big plastic similarly accountable,” said Earth Island’s general counsel, Sumona Majumdar.

Nearly every named defendant has portions of their web presence dedicated to the environmental efforts of their respective firms. Some have announced significant investment in products that would reduce their plastic waste.

Nestle, for example, said on its website it is investing $2 billion into sustainable packaging.

Representatives of Crystal Geyser, The Clorox Company and The Coca-Cola Company did not responded to calls requesting comment by press time.