Niagara, Kirkland, Save Mart Water Bottles Not ‘100% Recyclable,’ Claims Class Action Lawsuit

Despite claims that its products are “100% Recyclable,” the maker of Kirkland, Save Mart, and Niagara water bottles uses materials that cannot be recycled and end up in landfills, according to a class action lawsuit filed in New York federal court Wednesday.  

Lead plaintiff, Eladia Duchimaza, wants to represent other New York consumers who she says are misled into thinking Niagara water bottles are recycled. Duchimaza accuses Niagara Bottling LLC of deceptive marketing and violating New York consumer protection law.  

The plaintiff points out that nearly 90 percent of plastic waste does not get recycled, creating “an increasingly dire international problem.” Duchimaza says that she and other consumers are trying to do their part by purchasing products that can be recycled, including Niagra water bottles; however, the materials that make up the bottles, which are used for major brands, such as Costco Kirkland and Save Mart, are not recyclable and end up being burned or sent to landfills.  

“Defendant knows that the Products typically end up in landfills or incinerated and are unsuitable for recycling. Thus, Defendant’s representations that the Products are ‘100% Recyclable’ are material, false, misleading and likely to deceive members of the public.” 

Niagara Water Bottles Cannot Be Recycled 

There are a number of barriers to recycling Niagara water bottles, according to the class action lawsuit.  

First, the bottle caps are made of materials that cannot be recycled and can actually contaminate other items during processing, points out the plaintiff. Similar issues make recycling the plastic film used to label the Niagara water bottles impossible.  

Further, recycling centers in the United States do not have the capacity to recycle the types of plastics used to make Niagra water bottles, alleges the class action lawsuit.  

Despite these barriers to recycling, Niagara still claims its water bottles are “100% Recyclable” on the products’ packaging.  

Duchimaza accuses Niagara of false advertising and violating New York consumer protection law. She wants to represent other New York consumers for damages. In addition, the plaintiff wants a court order barring Niagara from claiming its water bottles are “100% Recyclable.” 

Niagara and other beverage companies are facing a spate of legal actions filed by consumers contesting their environmental claims. Niagra, along with Bluetriton Brands, faces a class action lawsuit in New Jersey alleging their water bottles are less than “100% Recyclable.” 

Coca-Cola is facing at least two class action lawsuits alleging the company’s “World Without Waste” marketing campaign is false advertising and greenwashing. A class action lawsuit accuses Hefty of taking advantage of consumers’ desire to buy environmentally-friendly products and failing to disclose its recycling bags are bad for the planet and can’t be recycled 

Have you purchased Kirkland, Save Mart, or Niagara water bottles? Are you concerned that they may end up in a landfill? Tell us about it in the comment section below! 

The plaintiff is represented by Andrew Obergfell and Rachel L. Miller of Bursor & Fisher, PA.   

The Niagara Water Bottles Class Action Lawsuit is Duchimaza v. Niagara Bottling, LLC, Case No. 1:21-cv-06434 in the U.S. District Court for the Southern District of New York.