Consumers Cannot Recycle ‘100% Recyclable’ Water Bottles, Claims Class Action Lawsuit

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Water bottles used by major brands, including Niagara, Costco Kirkland, Arrowhead, Poland Spring, Ozarka, and Deer Park, cannot be recycled, according to a class action lawsuit filed Tuesday.  

Lead plaintiff, Sharon Haggerty, wants to represent other New Jersey residents who she says are duped into thinking they can recycle water bottles made by defendants Bluetriton Brands, Inc, and Niagara Bottling, LLC. Major brands that use Bluetriton and Niagara bottles for their bottled water claim they are “100% Recyclable,” but, in truth, they do not meet recyclability standards under New Jersey state law.  

“Plastic waste is an increasingly dire international problem,” points out the class action lawsuit. “Nearly 90% of plastic waste is not recycled. Much of the unrecycled plastic waste ends up in the ocean.” 

Haggerty says that she and other consumers are increasingly aware of the plastic waste problem and try to purchase products that can be recycled. The plaintiff, a resident of Washington, New Jersey, says that she purchased numerous packs of Deer Park bottled water sold by Bluetriton and Niagra bottled water. She claims that she relied on statements on the products’ packaging claiming that she would be able to recycle the water bottles, including the labels and caps. 

Indeed, Haggerty says she attempted to recycle the water bottles by placing them in her recycling bin; however, she discovered that the products are made from materials that actually end up either in landfills or the ocean. The plaintiff alleges that, due to the defendants’ marketing claims, consumers think they can recycle these water bottles, but most of the materials end up as the plastic waste they thought they were avoiding.  

“Defendants know that the Products typically end up in landfills or incinerated and are unsuitable for recycling,” states the class action lawsuit. “Defendants’ representations that the Products are ‘100% Recyclable’ are material, false, misleading and likely to deceive members of the public.” 

Haggerty accuses Bluetriton and Niagara of violating the New Jersey Consumer Fraud Act. She wants Bluetriton and Niagara to stop marketing Costco Kirkland, Arrowhead, Poland Spring, Ozarka, Deer Park and other brands of bottled water as recyclable. The plaintiff is also seeking damages on behalf of Class Members.  

Bluetriton and Niagra join a growing list of major companies who have been accused of making false environmental claims. 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 

Do you purchase Niagara, Costco Kirkland, Arrowhead, Poland Spring, Ozarka, or Deer Park bottled water? Did you try to recycle the water bottles? Tell us what happened in the comment section below! 

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

The Recycle Water Bottles False Ad Class Action Lawsuit is Haggerty v. Bluetriton Brands, Inc., et al., Case No. 3:21-cv-13904 in the U.S. District Court for the District of New Jersey.

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