California Attorney General Rob Bonta has announced a lawsuit against ExxonMobil, alleging the company engaged in a long-term campaign of deception regarding the recyclability of plastic products. Filed in San Francisco County Superior Court, the complaint claims that ExxonMobil misled Californians for decades through public statements and marketing that suggested recycling could manage the increasing plastic waste produced by the company.
“Plastics are everywhere, from the deepest parts of our oceans, the highest peaks on earth, and even in our bodies, causing irreversible damage—in ways known and unknown—to our environment and potentially our health,” said Attorney General Bonta. “For decades, ExxonMobil has been deceiving the public to convince us that plastic recycling could solve the plastic waste and pollution crisis when they clearly knew this wasn’t possible. ExxonMobil lied to further its record-breaking profits at the expense of our planet and possibly jeopardizing our health. Today’s lawsuit shows the fullest picture to date of ExxonMobil’s decades-long deception, and we are asking the court to hold ExxonMobil fully accountable for its role in actively creating and exacerbating the plastics pollution crisis through its campaign of deception.”
ExxonMobil is accused of promoting all plastic as recyclable despite most plastics being non-recyclable either technically or economically. This misinformation led consumers to use more single-use plastics. In one instance cited in the complaint, an editorial-style advertisement titled "The URGENT NEED TO RECYCLE" was placed by ExxonMobil in Time magazine in July 1989. The company also adapted and promoted the chasing arrows symbol for plastics since 1970.
More recently, ExxonMobil has promoted “advanced recycling” as a solution to plastic waste. However, according to Attorney General Bonta's office, this technology primarily converts plastic waste into fuel rather than recycled plastic. Additionally, only a small percentage of plastic processed through this method becomes new plastic.
ExxonMobil produces significant amounts of single-use plastics contributing heavily to environmental pollution. Over 26 million pounds of trash have been collected from California beaches since 1985, with approximately 81 percent being plastic.
The global plastics waste crisis results in millions of tons of aquatic and land pollution annually. Single-use plastics are a major component of this problem as they break down into microplastics found in water, food, air, and even inside human bodies.
The California Department of Justice began investigating fossil fuel and petrochemical industries' roles in causing global plastics pollution on April 28, 2022. This investigation included subpoenas issued to ExxonMobil uncovering documents leading up to this lawsuit.
The lawsuit alleges violations under state nuisance laws as well as natural resources protection laws among others. It seeks abatement funds, disgorgement (requiring defendants to surrender illegal profits), civil penalties, and injunctive relief against future false advertising about recycling by ExxonMobil.
Joining today’s virtual press conference were representatives from Sierra Club, Surfrider Foundation, Heal the Bay, and Baykeeper who have filed their own lawsuits addressing similar issues against ExxonMobil.