ELR Citation: 52 ELR 20129
No(s). 21-cv-04643-JD (N.D. Cal. Nov 18, 2022) (Donato, J.)

A district court granted bottling companies' motion to dismiss a deceptive marketing challenge to their "100% recyclable" labels. Consumers and an environmental group argued the labels were false and misleading because most plastic bottles are not recycled. The companies moved to dismiss for lack of subject matter jurisdiction and failure to state a claim. The court found that no reasonable consumer would understand "100% recyclable" to mean that the product will always be recycled or that it is part of a circular plastics economy as plaintiffs alleged, but rather that the product is capable of being recycled. It dismissed the suit with an opportunity for plaintiffs to file an amended complaint.