Recycling Claims – Niagra Bottling Case Reviewed

An August 10, 2022 Frankfurt, Kurnit, Klein and Selz PC Advertising Law Update https://advertisinglaw.fkks.com/post/102hul9/can-you-make-a-recyclable-claim-if-recycling-facilities-accept-the-product-but addresses these questions: “… When you advertise that a product is ‘recyclable,’ does that mean that all of components of the product are recyclable? And, does it mean that when you drop the product in a recycling bin, it will actually get recycled? These were the issues in a recent lawsuit brought against Niagra Bottling … [that] sells bottled water that it promotes as ‘100% recyclable.’  In a lawsuit against the company … the plaintiff alleged that the ‘recyclable’ claim is false and misleading (under New York law) because the plastic labels on the bottle, and some of the caps used on the bottle, are not recyclable. The plaintiff also alleged that the ‘recyclable’ claim is misleading because a substantial number of bottles that are sent for recycling don’t actually get recycled, due to limitations of the recycling system … [The court found] ‘whether a recyclability claim is misleading turns not on the incidence of recycling, but whether a substantial majority of consumers can place such products into the recycling stream’ …” #Recycling #PlasticWaste #SingleUsePlastic @FrankfurtKurnit