TRENTON, N.J. (Legal Newsline) - A woman is suing a water bottling company through a class action suit due to its use of allegedly non-recyclable bottle caps.
Sharon Haggerty filed a federal complaint on July 20 in the U.S. District Court for the District of New Jersey against Bluetriton Brands, Inc., and Niagara Bottling, LLC for violation of New Jersey Consumer Fraud Act, fraud, negligent misrepresentation and unjust enrichment.
According to the complaint, despite labeling on the water bottles that say that bottles are “100% Recyclable,” this is fraud and negligent misrepresentation because the polypropylene (“PP”) bottle caps and the biaxially oriented polypropylene plastic labels on the bottles are not recyclable and cannot be processed into usable material.
At least 28% of the polyethylene terephthalate bottles and high-density polyethylene bottle caps sent to recycling centers are lost in processing or are contaminated and thus end up in landfills or are burned. Haggerty alleges that Bluetriton Brands, Inc., and Niagara Bottling, LLC know this, but choose to put on their labels that the bottles are "100% Recyclable."
Haggerty seeks for the court to find Bluetriton Brands' and Niagara Bottling's conduct to be in violation of New Jersey Consumer Fraud Act. Haggerty is represented by Andrew Obergfell of Bursor and Fisher P.A.
U.S. District Court for the District of New Jersey case number 3:21-cv-13904-ZNQ-DEA