SAN FRANCISCO (Legal Newsline) - Colgate-Palmolive is fighting a class action lawsuit over its "first-of-its-kind" recyclable toothpaste tubes, saying it's not to blame if traditional facilities can't handle them.
The company filed a motion to dismiss Oct. 11 in California federal court, defending tubes it says it spent five years developing. The products are made with High Density Polyethylene #2 plastic, which plaintiff lawyers say can't be recycled in most communities.
The case's theory, then, is consumers are misled into thinking they are buying a recyclable product.
"In essence, Plaintiffs challenge Colgate’s ability to identify the Products as recyclable despite the fact that Colgate’s disclosure of the tubes’ recyclability is necessary to drive the tube market’s transition to recyclability (which would obviate the alleged issue posed by non-recyclable tubes) as well as the behavior of both consumers and the recycling industry," the company's attorneys wrote.
"In other words, Plaintiffs seek to prevent Colgate from telling consumers that its toothpaste tubes are recyclable because non-recyclable tubes are allegedly hindering the recyclable tubes’ acceptance by recycling facilities. "
The plaintiffs allege that the majority of municipal recycling programs in California and the U.S. reject the products because they are unable to distinguish between the defendant's tubes and conventional toothpaste tubes that are not recyclable.
They also allege the defendant's toothpaste tubes can not be completely emptied, which leaves contaminates in the recyclable water stream. The plaintiffs claim the defendant's marketing of the products as recyclable violated Federal Trade Commission Green Guides and Colgate-Palmolive fails to inform consumers, who have paid more for the products, that there are limited recycling facilities for the toothpaste tubes.
"Plaintiffs do not and cannot explain how Colgate’s development of a first-of-its-kind recyclable toothpaste tube undermines 'state and local policies' supporting the reduction of plastic trash and pollution, particularly where Colgate has shared the technology to help expedite the recyclability of all toothpaste tubes globally," the motion says.