Resource Recycling
  • The Latest
  • Analysis
    • All
    • Certification Scorecard
    • Industry Announcements
    • Opinion
    Re-Teck opens site in Southeast Asia

    ERI expands global footprint into Vietnam

    Michigan State Launches Center to Tackle Packaging Waste

    Inside the Circle: Put every package where it performs best

    SERI works to restore faith in certifications

    Building a defensible E-scrap evidence file

    EU flags in front of the European Commission's building.

    Europe’s electronics recovery market is moving upstream

    Maximizing the value of post-consumer PP 

    Maximizing the value of post-consumer PP 

    From claims to custody: PCR procurement grows up

    Certification Scorecard — Week of August 3, 2026

  • 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
    Re-Teck opens site in Southeast Asia

    ERI expands global footprint into Vietnam

    Michigan State Launches Center to Tackle Packaging Waste

    Inside the Circle: Put every package where it performs best

    SERI works to restore faith in certifications

    Building a defensible E-scrap evidence file

    EU flags in front of the European Commission's building.

    Europe’s electronics recovery market is moving upstream

    Maximizing the value of post-consumer PP 

    Maximizing the value of post-consumer PP 

    From claims to custody: PCR procurement grows up

    Certification Scorecard — Week of August 3, 2026

  • 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

The first E-scrap franchisor finds treasure in trash

byPaul Lane
August 3, 2026

Tennessee-based business owner flips garage sale visit into growing electronics handling enterprise.

Polyolefins producer provides PCR updates

Plastic-related revenue grows for LyondellBasell

byPaul Lane
July 31, 2026

Supply shortages resulting from the Middle East conflict have led to price surges that brought up the company’s Q2 sales...

Exec: Eastman prepared for recycling unit start-up

Eastman exceeds expectations, expects growth in plastics 

byPaul Lane
July 31, 2026

Company projects methanolysis production to gain more momentum into 2026 as customers maintain interest in recycled materials.

Data shows need for recycling label clarity

Data shows need for recycling label clarity

byAntoinette Smith
July 31, 2026

New survey data from packager ALPLA shows that "sustainability claims are everywhere, but they’re speaking a language shoppers haven’t learned."

Arca stresses investment amid headwinds

Arca stresses investment amid headwinds

byAntoinette Smith
July 29, 2026

As the second-biggest Coca-Cola bottler in Latin America, Arca Continental is taking the long view during challenging conditions.

Alpek closing Pennsylvania RPET plant

Alpek seizing on war-related opportunity 

byAntoinette Smith
July 27, 2026

The world's largest PET producer saw a big increase in spot volumes during Q2 thanks to supply chain disruptions, and...

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

New federal rule restricts black mass, tungsten scrap exports

August 5, 2026
Ron Gonen

Bicameral Truth in Labeling Act introduced in Congress

August 10, 2026
A Republic Services truck picks up a recycling cart in Fort Collins, Colorado.

Fort Collins, CO builds a roadmap to zero waste

August 6, 2026

Two pilot programs in CA recycle commercial film

August 10, 2026

The first E-scrap franchisor finds treasure in trash

August 3, 2026
Sabic launches engineered plastic with 75% PCR

Sabic launches engineered plastic with 75% PCR

August 11, 2026
Mineral shortage creates ITAD opportunity

Mineral shortage creates ITAD opportunity

August 5, 2026
Alpek closing Pennsylvania RPET plant

Alpek seizing on war-related opportunity 

July 27, 2026
The most important decision in tire recycling happens before the shredder

Oregon wash hub looks to slash single-use plastic

August 4, 2026
Industry announcements for January 2026

Industry announcements for August 2026

August 3, 2026
Load More

About & Publications

About Us

Staff

Archive

Magazine

Work With Us

Advertise
Jobs
Contact
Terms and Privacy

Newsletter

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
  • Magazine
  • 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.