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Niagara Bottling “100% Recyclable” Water Bottles New York Class Action

Niagara Bottling, LLC is responsible for a number of brands of bottled waters, including Niagara, Costco Kirkland, Save Mart Sunny Select, and Save Market Essentials. Niagara labels the bottles as being “100% Recyclable.” However, the complaint for this class action alleges that this is not true, for a number of reasons.

The class for this action is all persons in New York who bought the products.

Consumers have seen images of discarded plastics choking the shores of lakes and oceans around the world. The complaint claims that the US has “two major plastic waste problems: plastic pollution and the generation of excessive plastic waste that is disposed of in landfills or incinerated with significant carbon emissions.” Plastic can harm marine animals and other creatures, and when it is left in landfills, it can leach poisonous substances into ground water.

In order not to contribute to this harm, consumers prefer to buy products that are recyclable or come in recyclable containers.

According to the complaint, more than 12 million tons of plastics are put into the oceans every year. In 2019, it says, the American Beverage Association began the “Every Bottle Back” program, which it quotes as claiming to have “carefully design[ed] [] plastic bottles to be 100% recyclable, including the caps.”

However, Niagara’s bottles are not 100% recyclable, the complaint says, for a number of reasons. It makes the following allegations:

  • “[T]he propropylene (‘PP’) bottle caps and the biaxially oriented poly propylene (‘BOPP’) plastic labels on the bottles are not recyclable and cannot be processed into usable material;”
  • “[A]t least 28% of the polyethylene terephthalate (‘PET’) bottles and high-density polyethylene (‘HDPE’) bottle caps sent to recycling centers are lost in processing or are contaminated and thus end up in landfills or are burned; and”
  • “[D]omestic recycling facilities only have the capacity to process approximately 22.5% of the PET and HDPE consumed in the United States.”

The complaint concludes, “Thus, only some PET and HDPE plastic bottles and jugs can be legitimately labeled as recyclable in the U.S. today.” It alleges that this means that Niagara’s bottles cannot be called “100% Recyclable” and that Niagara is aware that some of its products “end up in landfills or incinerated and are unsuitable for recycling.”

The complaint alleges that the “100% Recyclable” claim is therefore “material, false, misleading and likely to deceive members of the public.”

The counts include violations of New York’s General Business Law, fraud, breach of express warranty, and unjust enrichment.

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Niagara Bottling “100% Recyclable” Water Bottles New York Complaint

July 28, 2021

Niagara Bottling, LLC is responsible for a number of brands of bottled waters, including Niagara, Costco Kirkland, Save Mart Sunny Select, and Save Market Essentials. Niagara labels the bottles as being “100% Recyclable.” However, the complaint for this class action alleges that this is not true, for a number of reasons.

Niagara Bottling “100% Recyclable” Water Bottles New York Complaint

Case Event History

Niagara Bottling “100% Recyclable” Water Bottles New York Complaint

July 28, 2021

Niagara Bottling, LLC is responsible for a number of brands of bottled waters, including Niagara, Costco Kirkland, Save Mart Sunny Select, and Save Market Essentials. Niagara labels the bottles as being “100% Recyclable.” However, the complaint for this class action alleges that this is not true, for a number of reasons.

Niagara Bottling “100% Recyclable” Water Bottles New York Complaint
Tags: Deceptive Advertising, Deceptive Labels, Recycling Claims