Patterson Belknap obtained a significant victory on behalf of our client, The Coca-Cola Company ("Coca-Cola"), in a suit in California state court challenging Coca-Cola's and co-defendants’ use of plastic packaging. Plaintiff, Earth Island Institute, alleged that defendants caused a public nuisance by promoting plastic beverage containers and other packaging as recyclable, on the theory that not all plastic containers may ultimately be recycled and some plastic may end up as waste. The San Mateo County Superior Court granted defendants' summary judgment motion, holding that marketing the containers as recyclable and the use of the “chasing arrows” recyclable symbol was authorized under California law. This ruling was based in part on evidence from California recycling authorities demonstrating that the beverage containers at issue are broadly accepted in recycling programs and recycled at high rates in California.  

Earlier in the litigation, Coca-Cola successfully moved to dismiss several other claims alleged by Plaintiff, including advertising claims under the California Unfair Competition Law (UCL). The court dismissed the UCL claim for failure to plead reliance or sufficient supporting facts, but allowed the public nuisance claim to proceed based on a novel theory that advertising products as recyclable could potentially promote a hazardous use if the products were not in fact recyclable. Following additional discovery, defendants filed for summary judgment in late 2025. In addition to affirming defendants' arguments that the use of the "chasing arrows" symbol and other claims concerning the recyclability of defendants’ products were authorized by law, the Court ruled that Earth Island had not adequately shown that any plastic waste attributable to defendants had harmed its private property.

The Patterson Belknap team was featured in The American Lawyer's "Litigator of the Week" column for their work on the case.