Coca-Cola faces new US lawsuit over “deceptive” advertising claims 

09 Sep 2024 --- Coca-Cola is facing a lawsuit in Washington DC, US, over allegations that its environmental sustainability claims violate the Consumer Protection Procedures Act, which protects consumers against false, deceptive or unfair business practices. Earth Island Institute (EII) filed the suit, which will now proceed to the US Superior Court.

The DC appeals court issued a decision finding that EII made a sufficient plea. The court explained that the non-profit will now have an opportunity to substantiate its accusations.

Coca-Cola uses millions of metric tons of plastic annually and will need to prove that its claims are anything more than “the proverbial lipstick on a pig,” according to the opinion of associate judge Joshua Deahl. If successful, the lawsuit will prevent Coca-Cola from advertising its business as “sustainable.”

Sumona Majumdar, CEO of EII, remarks: “Coca-Cola knows that consumers care about the environment, and consequently, the company takes every opportunity it can to convince consumers that it cares as well.”

“And yet, for decades, they have failed to do the one thing that would help align their actions with their words, which is to reduce their use of plastic packaging. We are encouraged that our lawsuit can now move forward so that we can hold Coca-Cola accountable for these misrepresentations.”

Marketing litigation on plastics

Lawsuits against major companies over their environmental claims are increasing as regulations on greenwashing grow. Innova Market Insights listed “Honest Packaging” as a top trend for 2024, noting that consumers are increasingly skeptical of on-pack claims. Almost half (46%) of global consumers believe that environmental information on packaging is misleading.

The European Parliament, for example, approved a new directive to protect consumers, banning greenwashing and deceptive product information. Lawmakers said, “Companies can no longer trick people.”

The UN Global Plastics Treaty is set for a final round of negotiations in November to determine how the packaging industry uses and markets plastic products.

EII says that plastic pollution is an “urgent global crisis threatening human, environmental and climate health on a massive scale, from the plastic-producing petrochemical plants that disproportionately harm low-income, rural and people of color communities, to the plastic pollution that is often dumped in Global South.”

“Despite being an early leader in more sustainable glass-bottle reuse and refill systems, Coca-Cola has become the world’s number one plastic polluting company and the largest consumer-facing global seller of plastics,” says Julia Cohen, co-founder and managing director of the Plastic Pollution Coalition.

“Today’s Coca-Cola is not a ‘sustainable’ business, and portraying itself as one is misleading to consumers. Plastic pollutes from the moment its fossil fuel ingredients are extracted from the Earth through plastic production, use, and its eventual disposal in landfills, incinerators, the environment and our bodies.”

We have contacted Coca-Cola for comment.

By Louis Gore-Langton

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