Another Win for EII’s Landmark Plastics Lawsuit

By Mark J. Palmer

Earth Island Institute’s (EII) lawsuit against ten major companies, aiming to hold them accountable for their share of plastic pollution and false claims of recyclability, has been allowed to go forward in a major ruling by a state judge.

These companies, which include Crystal Geyser Water Company; The Clorox Company; The Coca-Cola Company; PepsiCo, Inc.; Nestlé USA, Inc. (now BlueTriton Brands); Mars, Incorporated; Danone North America; Mondelez International, Inc.; Colgate-Palmolive Company; and The Procter & Gamble Company, were sued by Earth Island Institute (EII), representing the International Marine Mammal Project (IMMP) and three other EII projects. The lawsuit was filed in California in Feb. 2020 in state court in California. The companies have sought repeatedly to either dismiss the case or bump it up to federal courts, which would require EII to file new cases in other states where the companies’ headquarters are located.

Judge V. Raymond Swope of the California Superior Court in San Mateo County denied the out-of-state defendants’ motion to dismiss the case and ruled that California courts had personal jurisdiction over the defendants. The court ruled that it has the authority to hear this case in California, where the harms described in Earth Island’s complaint occurred, and not merely where the defendants are based.

“This ruling correctly finds that companies marketing, selling, and profiting from products packaged in plastic in California can also be sued in California for the harms caused by their plastic packaging,” said Sumona Majumdar, Earth Island Institute’s general counsel. “Corporations like Coca-Cola and PepsiCo can’t be allowed to hide behind their out-of-state status to avoid accountability for their role in the plastic pollution crisis here in California.”

Mark Molumphy, a partner at Cotchett, Pitre & McCarthy, and lead counsel for Earth Island, said, “Earth Island is to be commended for taking on these corporate giants. While just the first step in a long journey, this order is an important victory and brings us closer to addressing an environmental disaster that just gets worse with each passing day.”

Tyson Redenbarger of Cotchett, Pitre & McCarthy, who argued the motion, added, “The Court’s decision was appropriate. Global plastic producers who cause harm in California should be held accountable in California. We look forward to moving on to the discovery phase of the case and ultimately presenting the case to a California jury.”

By denying the out-of-state defendants’ motion to quash, this ruling allows the lawsuit to proceed further, so the merits of the case can be presented and considered.

***********************

Your donations help the International Marine Mammal Project of Earth Island Institute to take on the big, international polluting corporations to end the scourge of plastic pollution in our oceans, which is killing thousands of marine mammals and other marine species every year. Thank you for your support!