Exxon, others defeat consumer lawsuit over plastic recycling claims
By Mike Scarcella
WASHINGTON, Sept 30 (Reuters) - Exxon Mobil (XOM.N), Chevron (CVX.N) and other major chemical producers persuaded a US judge on Tuesday to dismiss a lawsuit accusing them of misleading the public for years about the effectiveness of plastic recycling and driving up costs for consumers.
Here are the details:
US District Judge Toby Crouse, in a ruling on Tuesday, said the plaintiffs — eight individuals and the board of a local county commission — failed to show that they have so-called standing to sue in the first place
Crouse said the lawsuit, despite its length, “is light on facts connecting the defendants’ conduct and plaintiffs’ injuries.” The judge said the complaint “fails to allege that any specific plaintiff saw any specific ad or marketing material produced by any specific defendant”
In their 2024 lawsuit, the plaintiffs alleged that Exxon, Chevron and other companies duped consumers into believing that plastic is recyclable, leading them to buy more plastic products. The plaintiffs proposed a class of millions of purchasers of plastic products nationwide
In court papers, the plaintiffs said the companies “engaged in a coordinated, fraudulent marketing scheme to portray plastics as broadly and readily recyclable, knowing that the vast majority of consumer plastics cannot be and are not recycled”
Crouse said other manufacturers and retailers that are not parties to the case are responsible for setting prices. He also found the “breadth” of some of the plaintiffs’ claims undermined their viability
“The plaintiffs argue that the price of every single plastic product that they have ever purchased was artificially inflated because of the defendants’ conduct,” the judge wrote. “That bald conclusion fails to account for the obvious intervening events and market conditions”
Exxon, Chevron and a lead attorney for the plaintiffs did not immediately respond to requests for comment
The companies in their bid for dismissal said the plaintiffs were seeking to impose liability on them “based on an innocuous and socially beneficial activity: the promotion of recycling”
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