RECYCLING THE RULES: HOW COCA-COLA’S RECENT LEGAL BATTLES HIGHLIGHT THE NEED FOR MODERNIZING SUSTAINABILITY ADVERTISING LAWS TO PROTECT CONSUMERS AND BUSINESSES

Authors

Joshua James Weatherwax

Abstract

Should the FTC’s sustainability marketing guidelines be thrown out, or can they be recycled? In 2022, Coca-Cola faced two separate challenges from environmental groups alleging deceptive marketing practices based on the company’s unsubstantiated recycling and sustainability claims. In Swartz v. Coca-Cola Co., environmental groups sued the company for allegedly violating California consumer protection laws by marketing plastic bottles as “100% recyclable.” In Earth Island Inst. v. Coca-Cola Co., environmental groups targeted Coca-Cola’s broader marketing efforts where the company asserted that it was committed to reducing plastic pollution and using sustainable practices. In both instances, the court held in favor of Coca-Cola by relying on the broad and ambiguous language of the law and the Federal Trade Commission guidelines that influence it. More importantly, these cases highlight a growing conflict between federal guidelines, state law, judicial interpretation, and the demands of consumers.

Recommended Citation

Joshua James Weatherwax, RECYCLING THE RULES: HOW COCA-COLA’S RECENT LEGAL BATTLES HIGHLIGHT THE NEED FOR MODERNIZING SUSTAINABILITY ADVERTISING LAWS TO PROTECT CONSUMERS AND BUSINESSES, 47 W. New Eng. L. Rev. 122 (2025), https://digitalcommons.law.wne.edu/lawreview/vol47/iss1/5