ExxonMobil (File)

California AG Rob Bonta Sues ExxonMobil For Deception On Plastics Pollution

ExxonMobil (File)
ExxonMobil (File)

California Attorney General Rob Bonta announced today the filing of a lawsuit against ExxonMobil, accusing the company of engaging in a decades-long campaign of deception that contributed to the global plastics pollution crisis.

The lawsuit, filed in the San Francisco County Superior Court, alleges that ExxonMobil has misled the public for nearly 50 years by falsely promoting plastic recycling as a solution to the growing plastic waste problem, while continuing to produce massive amounts of plastic that end up in landfills and the environment.

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“Plastics are everywhere, causing irreversible damage to our environment and potentially our health,” said Attorney General Bonta. “For decades, ExxonMobil deceived the public, claiming that plastic recycling could solve the waste crisis, all while knowing it wasn’t possible. Their actions have endangered our planet and our health, all in the pursuit of profit. This lawsuit seeks to hold ExxonMobil accountable for its role in creating and worsening the plastics pollution crisis.”

Deceptive Marketing and Recycling Myths

ExxonMobil, the world’s largest producer of polymers used to make single-use plastics, has long promoted plastic as recyclable when, in reality, only a small percentage of plastic is ever recycled. Despite the company’s extensive marketing, only about 5% of U.S. plastic waste is actually recycled, far below the figures suggested in its campaigns.

The lawsuit points to decades of misleading advertisements, including a 1989 “advertorial” in Time magazine that touted recycling as the solution to plastic waste. ExxonMobil also helped popularize the “chasing arrows” symbol, which led consumers to believe that most plastic products were recyclable when they were not.

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According to the lawsuit, ExxonMobil has promoted “advanced recycling,” a process the company claims can convert plastic waste into new plastic. However, the lawsuit alleges that this technology is mostly used to produce fuel, not recycled plastic, and that it is ineffective in handling large amounts of post-consumer plastic waste. According to the complaint, plastics produced through this process contain so little recycled content that they are essentially new, virgin plastics, falsely marketed as “circular” or sustainable.

Environmental Impact

The lawsuit says that ExxonMobil is a leading contributor to California’s plastic waste problem. Since 1985, over 26 million pounds of trash, 81% of which is plastic, has been collected from California’s beaches and waterways. Much of this plastic waste can be traced to ExxonMobil’s polymer resins used in single-use products like packaging, bags, and disposable utensils.

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Plastic pollution, especially from single-use plastics, poses a serious threat to the environment. Plastics do not biodegrade but instead break down into microplastics, which have been found in drinking water, food, and even human bodies. Microplastics are now present in our lungs, blood, and breast milk, raising concerns about their long-term impact on human health.

Legal Claims and Relief

The California Department of Justice launched its investigation into the fossil fuel and petrochemical industries’ role in plastics pollution in April 2022. The lawsuit alleges that ExxonMobil’s deceptive practices violated state laws regarding nuisance, natural resources, water pollution, false advertising, and unfair competition. Attorney General Bonta is seeking an abatement fund, disgorgement of profits gained through illegal conduct, civil penalties, and injunctive relief to prevent further deceptive practices by the company.

Several environmental organizations, including the Sierra Club, Surfrider Foundation, Heal the Bay, and Baykeeper, have also filed separate lawsuits against ExxonMobil, raising similar concerns about the company’s role in the plastics pollution crisis.

Through this legal action, Attorney General Bonta aims to hold ExxonMobil accountable for its actions and to protect California’s natural resources from further harm caused by plastic pollution.

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