Swartz v. Coca-Cola Co.

Filing Date: 2021
Case Categories:
Principal Laws:
State Law—Fraud, Negligent Misrepresentation, California Consumers Legal Remedies Act, California Unfair Competition Law, California False Advertising Law, California Environmental Marketing Claims Act
Description: Lawsuit alleging that Coca-Cola's advertising, marketing, and sale of water in plastic bottles labeled as "100% recyclable" constitutes unlawful, unfair, and deceptive business practices.
  • Swartz v. Coca-Cola Co.
    Docket number(s): 3:21-cv-04643
    Court/Admin Entity: N.D. Cal.
    Case Documents:
    Filing Date Type File Action Taken Summary
    11/18/2022 Order Download Motion to dismiss granted with leave to file an amended complaint. California Federal Court Dismissed Claims that “100% Recyclable” Labels for Single-Use Bottles Were Misleading. The federal district court for the Northern District of California dismissed a lawsuit alleging that Coca-Cola Company and other defendants made false and misleading claims that single-use plastic bottles they supplied were “100% recyclable.” The court found that the plaintiffs did not plausibly allege that the defendants’ representations deviated from either the “commonly understood meaning of recyclable” or the definition in the Green Guides published by the Federal Trade Commission. The plaintiffs’ allegations included that “[o]ver 60 million plastic bottles end up in landfills or incinerators each day” and that “[i]ncineration of plastic releases large quantities of greenhouse gases and toxic air emissions.” The court granted the plaintiffs—who asserted claims under California’s Consumer Legal Remedies Act, False Advertising Law, and Unfair Competition Law, as well as claims that the labeling constituted fraud, deceit, and/or misrepresentation, and negligent misrepresentation—permission to file an amended complaint by December 9, 2022.
    05/13/2022 Opposition Download Opposition to motion to dismiss filed.
    04/22/2022 Brief Download Supplemental brief filed by BlueTriton Brands, Inc. and Coca-Cola Company in support of motion to dismiss.
    04/22/2022 Memorandum Download Supplemental memorandum filed in support of motion to dismiss by defendant Niagara Bottling, LLC.
    04/22/2022 Motion to Dismiss Download Motion to dismiss filed.
    03/24/2022 Complaint Download Consolidated complaint filed.
    09/27/2021 Motion to Dismiss Download Motion to dismiss filed.
    06/16/2021 Complaint Download Class action complaint filed.
  • Sierra Club v. Coca-Cola Co.
    Docket number(s): 3:21-cv-04644
    Court/Admin Entity: N.D. Cal.
    Case Documents:
    Filing Date Type File Action Taken Summary
    09/27/2021 Motion to Dismiss Download Motion to dismiss filed.
    06/16/2021 Complaint Download Complaint filed.