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Civil Litigation

Sep. 25, 2025

Judge rejects Pepsi and Coke demurrer in plastic recycling suit

A judge overruled Pepsi's and Coke's demurrer to a Los Angeles County lawsuit accusing them of misleading consumers about plastic bottle recyclability and contributing to environmental harm through deceptive marketing.

Judge rejects Pepsi and Coke demurrer in plastic recycling suit
Los Angeles County Judge Christopher K. Lui

Los Angeles County Judge Christopher K. Lui overruled a demurrer filed by Pepsi and Coke to a lawsuit accusing them of lying about the recyclability of their plastic bottles because customers aren't recycling. The companies must answer Los Angeles County's complaint within 10 days.

Coke and Pepsi contend that the county's public nuisance theory does not extend to the production and sale of lawful products, and they cannot be held liable for littering by others.

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