SAN FRANCISCO (Legal Newsline) -- Three people are suing Coca-Cola in a proposed class action over labels stating the plastic is 100% recyclable or made from recyclable products, claiming the label is fraudulent.
David Swartz, Cristina Salgado and Marcelo Muto filed a complaint on June 16 in the U.S. District Court of Northern District of California against The Coca-Cola Company, Bluetriton Brands, Inc., and Niagara Bottling, LLC. for violation of the California Consumers Remedies Act, false advertisement, fraud, deceit, misrepresentation, negligence, violation of the Environmental Marketing Claims Act and unfair business practices.
According to the complaint, Swartz, Salgado and Muto seek to remedy "unlawful, unfair, and deceptive business practices with respect to the advertising, marketing, and sale of water bottled in single-use plastic bottles labeled as '100% Recyclable.'"
The plaintiffs allege that while plastic water bottles claim to be "100% Recyclable," they in fact are not because of "the polypropylene bottle caps and the biaxially oriented polypropylene plastic labels on the bottles are not recyclable and cannot be processed into usable material."
Swartz, Salgado and Muto seek the court to prohibit the use of fraudulent and misleading labels, compensatory damages, statutory damages, punitive damages, treble damages, attorney's fees and cost of suit. Plaintiffs are represented by Marie A. McCrary of Gutride Safier, LLP.