Walmart asks judge to trash lawsuit over recyclable labeling

NEW YORK (Reuters) – Walmart Inc has requested a federal judge in San Francisco to throw out renewed claims by Greenpeace that the corporate is deceiving California customers by labeling some house-brand plastic merchandise as recyclable when most Californians haven’t got entry to amenities that recycle them.

In court papers filed on Wednesday, attorneys for the retail large requested U.S. District Judge Maxine Chesney to dismiss Greenpeace’s new amended criticism, arguing the environmental group once more failed to present it immediately suffered any hurt from Walmart’s alleged deception.

The lawsuit is a part of a string of instances alleging single-use plastic merchandise are marketed as recyclable when they’re the truth is not due to the restricted capability of U.S. recycling amenities. Keurig Inexperienced Mountain and the Coca-Cola Firm are amongst corporations additionally going through comparable lawsuits.

Greenpeace first sued Walmart over its labeling in December. In September, Bentonville, Arkansas-based Walmart persuaded Chesney to dismiss its criticism for lack of standing, although the judge mentioned Greenpeace might amend its claims. It did so final month.

Walmart in its newest movement to dismiss mentioned Greenpeace nonetheless comes in need of exhibiting it suffered alleged accidents, like misplaced cash, from the retailer’s advertising. If anybody might have been harmed, it will be customers, not Greenpeace, the corporate argued.

Greenpeace’s amended criticism claims that Walmart violates California’s Unfair Competitors Regulation by labeling merchandise like disposable plastic cups as recyclable with out sustaining a written document or different data confirming the label is correct.

John Hocevar, a Greenpeace marketing campaign director, mentioned in a press release that “Walmart continues to refuse to answer the substance of our claims.”

Walmart mentioned in a press release that Greenpeace was “trying to get a second bite at the apple by rewording its allegations.”

The case is Greenpeace Inc v. Walmart Inc, U.S. District Courtroom California Northern District, No. 3:21-cv-00754.

For Greenpeace: Howard Hirsch of Lexington Regulation Group

For Walmart: Patrick Oot of Shook Hardy and Bacon

Learn extra:

Judge tosses Greenpeace go well with over Walmart recyclable labeling

Walmart recyclable labeling attracts Greenpeace lawsuit

Calif. customers sue over plastic bottles’ ‘misleading’ recycling labels

Judge certifies class over Keurig’s ‘recyclable’ single-serving espresso pods

Sebastien Malo

Sebastien Malo studies on environmental, local weather and vitality litigation. Attain him at [email protected]