People v. PepsiCo, Inc.

Los Angeles County Counsel Dawyn R. Harrison filed an action against PepsiCo, Inc., The Coca-Cola Company, and companies that manufactured and distributed Pepsi and Coca-Cola beverages. The suit alleged, on behalf of the People of the State of California, that the defendants created harmful plastic pollution and waste that created a nuisance. The People also asserted that the defendants violated the California Unfair Competition Law by making deceptive representations regarding single-use plastic and chemical recycling, by failing to disclose the presence of microplastics in their products and the risks of microplastics, and by creating a public nuisance. In addition, the complaint asserted a violation of the California False Advertising Law. The suit seeks declaratory and injunctive relief, abatement of the public nuisance, restitution, civil penalties, and attorneys’ fees and costs. Plastic pollution harms alleged in the complaint including climate change-related harms, including that plastic pollution diminishes the capacity of ecosystems to adapt to climate change and that some plastic resins release greenhouse gases as they break down in the environment. In addition, the complaint alleged that recycling was incapable of eliminating plastic production’s impacts, including greenhouse gas emissions, and that “advanced recycling” has higher greenhouse gas emissions than traditional, mechanical recycling.