Resource Recycling
  • The Latest
  • Analysis
    • All
    • Certification Scorecard
    • Industry Announcements
    • Opinion
    Researchers work on fluorine-free battery binder

    Researchers work on fluorine-free battery binder

    CommanderAI launches searchable hauler database

    Blancco brings agentic AI to data erasure, ITAD operations

    APR adds PCR content verification to cert program

    Certification scorecard — week of Oct. 12

    Ingram Micro looks to digital platform and AI

    APR training clicks recycling ‘pieces’ into place

    APR training clicks recycling ‘pieces’ into place

    Southeast grows into US’ critical mineral hub

  • Conferences
    • Resource Recycling Conference
    • Plastics Recycling Conference
    • E-Scrap: The Longevity Conference
    • Textiles Recovery Summit
  • Publications
    • E-Scrap News
    • Plastics Recycling Update
    • Policy Now
    • Resource Recycling
    • Other Topics
      • All Topics
      • Brand Owners
      • Critical Minerals
      • Glass
      • Grant Watch / RFPs
      • Markets
      • Organics
      • Packaging
      • Research
      • Technology
      • Textiles
Subscribe
No Result
View All Result
Resource Recycling
  • The Latest
  • Analysis
    • All
    • Certification Scorecard
    • Industry Announcements
    • Opinion
    Researchers work on fluorine-free battery binder

    Researchers work on fluorine-free battery binder

    CommanderAI launches searchable hauler database

    Blancco brings agentic AI to data erasure, ITAD operations

    APR adds PCR content verification to cert program

    Certification scorecard — week of Oct. 12

    Ingram Micro looks to digital platform and AI

    APR training clicks recycling ‘pieces’ into place

    APR training clicks recycling ‘pieces’ into place

    Southeast grows into US’ critical mineral hub

  • Conferences
    • Resource Recycling Conference
    • Plastics Recycling Conference
    • E-Scrap: The Longevity Conference
    • Textiles Recovery Summit
  • Publications
    • E-Scrap News
    • Plastics Recycling Update
    • Policy Now
    • Resource Recycling
    • Other Topics
      • All Topics
      • Brand Owners
      • Critical Minerals
      • Glass
      • Grant Watch / RFPs
      • Markets
      • Organics
      • Packaging
      • Research
      • Technology
      • Textiles
Subscribe
No Result
View All Result
Resource Recycling
No Result
View All Result
Home Plastics

Niagara Bottling victorious in PET recycling lawsuit

byJared Paben
August 24, 2022
in Plastics
A judge determined the key issue was the availability of recycling programs, not whether bottles are made into new items. | Jonathan Weiss/Shutterstock

If a bottled water label and cap are effectively unrecyclable, and if statistics show a majority of PET bottles are ultimately wasted, can the containers still be labeled as “100% recyclable”? A federal judge recently said yes.

New York City resident Eladia Duchimaza first sued California-based Niagara Bottling in July 2021, after she purchased several packs of Kirkland Signature brand bottled water. Niagara Bottling, the largest private label bottled water company in North America, produces the water for Costco.

The bottles were labeled as “100% recyclable,” but she argued in her lawsuit that most of the plastic she purchased would not end up getting recycled, citing statistics from media reports, activist groups such as Greenpeace, and others. Additionally, she alleged that the claims were misleading because the BOPP label film and PP caps aren’t recyclable in her region. 

Seeking class-action status, she sued in U.S. District Court for the Southern District of New York  (Niagara succeeded in getting that July 2021 complaint tossed out, leading Duchimaza to file an amended complaint in October 2021). Duchimaza cited state laws covering deceptive and unfair trade practices, false advertising, fraud and other claims. Some of those laws incorporate the Federal Trade Commission’s Green Guides, which cover products’ environmental sustainability marketing claims.

Bottled water is covered by New York’s container deposit program, but the lawsuit focused on the inability of materials recovery facility (MRF) to sort and recover all PET bottles and components of bottles. 

Among its numerous arguments seeking to get the case tossed out, Ontario, Calif.-based Niagara Bottling claimed that its marketing language complies with the Green Guides and the claims would not deceive a reasonable consumer.  

U.S. District Judge Paul Engelmayer on Aug. 5 ruled in favor of Niagara Bottling. In his opinion, Engelmayer wrote that Duchimaza was misreading the Green Guides, conflating recycling access with whether a bottle will likely actually be recycled.

“Inasmuch as the Green Guides’ focus is explicitly on the availability and existence of recycling programs and collection sites, 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,” he wrote. 

Additionally, he decided, the labels and caps are “minor, incidental components” under the Green Guides, and thus they don’t prevent a marketer from including an unqualified recyclability label for the entire package.

He dismissed the case with prejudice, meaning Duchimaza can’t re-file it. 

Not all packaging producers have won in court as handily as Niagara in recent years, however. Keurig Green Mountain agreed to a $10 million class-action settlement over its claims regarding the recyclability of its K-cup coffee pods. Additionally, TerraCycle reached a settlement after the company and several of its brand owner clients were sued over recycling claims. 

Also earlier this year, Walmart beat Greenpeace in court after the activist group sued, challenging recyclability claims on plastic packaging. 

Other cases are ongoing. Connecticut’s attorney general sued Reynolds Consumer Products over Hefty bag recycling claims, and The Last Beach Cleanup sued two California grocery store chains over recycling language on thicker, reusable plastic bags they provide to customers.
Starlinger

Tags: Brand OwnersLegalPET
TweetShare
Jared Paben

Jared Paben

Related Posts

Northeast recycled commodity values hit 5-year lows

HDPE, PP prices climb for October

byRecyclingMarkets.net Staff
October 14, 2026

PET, HDPE and PP grades remain steady at low levels, while paper grades are marginally higher.

APR, PROs appeal to Ottawa for help

APR, PROs appeal to Ottawa for help

byAntoinette Smith
October 6, 2026

APR and Circular Materials say policy goals risk failure without government actions that acknowledge market realities.

plastic bale

Underreported sales may cost bottle bill states up to 40%

byStefanie Valentic
October 5, 2026

From Michigan's fraud cases to Hawaii's scaled-back audits, a new CRI guidebook maps where the 10 US deposit states are...

News in Brief: ALPLA heads to Vegas, Alberta EPR

News in Brief: ALPLA heads to Vegas, Alberta EPR

byAntoinette Smith
October 5, 2026

The global packager and recycler will open a new plant in spring 2027, and Alberta expands its accepted materials list...

How EPR and policy is reshaping WM’s facilities

byStefanie Valentic
October 5, 2026

WM's Ryan Nordt says e-commerce, battery fires and state EPR laws are reshaping what reaches the company's facilities, and that...

Analysis: Undersupply of PCR is ‘stifling’ brand goals

US lawmakers urge protection of domestic RPET

byAntoinette Smith
September 25, 2026

In a letter to the US Trade Representative, five representatives asked the USTR to consider trade remedies and support verification...

Load More
Next Post

Grant comments urge plastic sorting improvements

2026 Buyers’ Guide

Equipment, services and technology suppliers serving the recycling industry.

Browse the Guide

More Posts

Lawsuits hover days after SB 54 approval

CAA trims first-year SB 54 budget in final plan

October 13, 2026
Fireside Chat at PRC features CAA chief

Fielkow to step down as CAA CEO

October 14, 2026
Northeast recycled commodity values hit 5-year lows

HDPE, PP prices climb for October

October 14, 2026

Southeast grows into US’ critical mineral hub

October 12, 2026
Removing an eBike battery pack.

EPR’s next fight is over embedded batteries

October 13, 2026

Republic breaks ground on St. Louis MRF

October 15, 2026

Ingram Micro looks to digital platform and AI

October 14, 2026

MRF battery fires burn ‘really fast’ and ‘really hot’

March 5, 2024
Study explores  reusable containers in California DRS

Inside the Circle: The bottle bill’s unfinished business

October 13, 2026
Panelists discuss construction waste reuse at the NERC conference in New Jersey October 7, 2026.

Ramping up reuse of construction materials

October 8, 2026
Load More

About & Publications

About Us

Staff

Archive

Magazines

Work With Us

Advertise
Jobs
Contact
Terms and Privacy

Newsletters

Get the latest recycling news and analysis delivered to your inbox every week. Stay ahead on industry trends, policy updates, and insights from programs, processors, and innovators.

Subscribe

Welcome Back!

Login to your account below

Forgotten Password?

Retrieve your password

Please enter your username or email address to reset your password.

Log In

Add New Playlist

No Result
View All Result
  • The Latest
  • Analysis
  • Recycling
  • E-Scrap
  • Plastics
  • Policy Now
  • Conferences
    • E-Scrap Conference
    • Plastics Recycling Conference
    • Resource Recycling Conference
    • Textiles Recovery Summit
  • Magazines
  • About Us
  • Advertise
  • Archive
  • Jobs
  • Staff
Subscribe
This website uses cookies. By continuing to use this website you are giving consent to cookies being used. Visit our Privacy and Cookie Policy.