Plastic Pollution Coalition v. Keurig Dr Pepper Inc.

The parties filed a joint motion to stay proceedings because they were discussing potential resolution of the matter.

The District of Columbia Superior Court denied Keurig Dr Pepper Inc. and Core Nutrition, LLC’s motion to dismiss Plastic Pollution Coalition’s (PPC’s) lawsuit claiming that the companies falsely and deceptively marketed Core bottled water products as sustainable and “BPA free.” PPC alleged that the defendants made sustainability representations that included representations related to climate benefits, including that the use of recycled polyethylene terephthalate (PET) “saves large amounts of energy and greenhouse gas emissions when compared to virgin or vPET.” PPC alleged that the sustainability representations were misleading, including because the process of making recycled plastic is “expensive and requires large amount of energy, water, equipment, and infrastructure,” only a “very small portion” of plastic material is actually recycled, and plastics have carbon-intensive and water-intensive life cycles. The court rejected the defendants’ arguments that the complaint failed to state a claim under the D.C. Consumer Protection Procedures Act and that the recycling claims were barred by the First Amendment.