Swartz

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 Named plaintiffs David Swartz, Marcelo Muto, Cristina Salgado, and the Sierra Club, who are suing on behalf of themselves and putative consumer classes, allege in a first amended complaint (FAC) that defendants the Coca-Cola Company, Blue Triton Brands, and Niagara Bottling, misled consumers about the recyclability of their beverage bottles. The Court dismissed the prior complaint because it did not plausibly allege that bottles labeled “100% recyclable” would deceive a reasonable consumer into believing that each bottle would actually be recycled, or that a bottle would necessarily be converted into reusable material. See Dkt. No. 99. The complaint also did not plausibly allege consumer deception on the basis of California recycling regulations or the Green Guides, which is a publication of the Federal Trade Commission (FTC) …