Swartz
Swartz v. The Coca-Cola Company
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 DAVID SWARTZ, et al., Case No. 21-cv-04643-JD
Plaintiffs,
ORDER RE MOTION TO DISMISS
v.
THE COCA-COLA COMPANY, et al., Defendants.
12 Plaintiffs David Swartz, Marcelo Muto, Cristina Salgado, and the Sierra Club allege that the “100% recyclable” labels on single-use plastic bottles supplied by defendants Coca-Cola, Blue Triton Brands, and Niagara Bottling, are false and misleading because most plastic bottles are not recycled. Dkt. No. 74 ¶¶ 3-4. Plaintiffs say the bottles end up in landfills or incinerators due to a lack of recycling capacity and a lack of demand for recycled plastics. Id. ¶¶ 42-44, 50. They allege that the “100% recyclable” labels violate California’s Consumer Legal Remedies Act, False Advertising Law, and Unfair Competition Law, and constitute fraud, deceit, and/or misrepresentation, and negligent misrepresentation. Id. ¶ 106, 115, 125-33, 135-41, 144. Defendants have asked to dismiss the consolidated amended complaint (CAC) under Federal…