ExxonMobil deceived the public with plastic recycling, lawsuit claims

ExxonMobil has misled consumers for years by perpetuating a “myth” about plastic recycling, according to a new lawsuit filed by the state of California.

ExxonMobil is the world’s leading producer of single-use plastics that become waste, according to the state attorney general’s office. To encourage people to buy products made with single-use plastics, the suit alleges, ExxonMobil “deceived Californians for almost half a century by promising that recycling could and would solve the ever-growing plastic waste crisis.”

Plastic is quite difficult to reuse, which is why very little of it is ever recycled. Promoting recycling as a cure-all for plastic waste can actually lead to more of it becoming trash, experts warn. Now, the state of California wants to hold industry accountable for the plastic pollution that has accumulated in the environment, animals, and even people’s bodies.

“For decades, ExxonMobil has been deceiving the public to convince us that plastic recycling could solve the plastic waste and pollution crisis when they clearly knew this wasn’t possible,” California Attorney General Rob Bonta said in a press release yesterday.

The AG’s office launched an investigation into the petrochemical industry’s role in creating a plastic “pollution crisis” in 2022. It says it unearthed new documents over the past two years that led the state to file suit this week. The lawsuit alleges that ExxonMobil has violated state public nuisance, natural resources, water pollution, false advertisement, and unfair competition laws through misleading marketing about recycling.

The state is suing for civil penalties and disgorgement, which would force the company to turn over any profits it gained illegally. California also wants to set up an abatement fund and injunctive relief to stop the company from promoting plastics as recyclable the way that it has for years. The attorney general’s office points to a 12-page ad in Time magazine in 1989 on “the urgent need to recycle” as one example of the company’s “campaign of deception.” “Americans have entered an era in which landfilling will no longer be the primary method of garbage disposal,” the ad says.

By 2015, less than 10 percent of plastic waste had ever been recycled. Nearly 80 percent of the 6,300 million metric tons of plastic waste that had been created around the world ended up in landfills or littering the environment.

Even when plastic is rehashed, it’s typically “downcycled” because the quality of the material deteriorates with each use. Plastic bottles are turned into fibers used in carpeting instead of new plastic bottles, for example. And gadgets made with recycled plastic typically have to be reinforced with fresh plastic. It’s often just cheaper for a company to use new plastic rather than recycled materials.

Newer claims from industry about “advanced” or chemical recycling are just as flawed, the attorney general claims, since the majority of plastic waste that goes through that process becomes fuel. The state also claims that plastics produced using ExxonMobil’s “advanced recycling” technology contain such little amounts of used material that “they are effectively virgin plastics.”

ExxonMobil shifted the blame to California in an emailed response to The Verge. “For decades, California officials have known their recycling system isn’t effective. They failed to act, and now they seek to blame others. Instead of suing us, they could have worked with us to fix the problem and keep plastic out of landfills,” the statement says.

One of the selling points for plastic is that it’s lightweight and easy to transport — a characteristic that also makes it easier for plastics to drift into the environment. Once it’s there, it breaks down into tiny particles called microplastics that have flooded the world’s oceans and have been found in everything from seafood to baby poop. Around 21 million pounds of plastic garbage has been collected from California’s beaches and waterways since 1985, according to Bonta’s office.

Plastics are made from fossil fuels and are responsible for 4.5 percent of global greenhouse gas emissions — more than the climate pollution from global shipping.

“While greenwashing certainly isn’t new, the fossil fuel industry in particular has frequently downplayed the impacts that their sector has on climate change,” Cornell University climate and environment legal scholar Leehi Yona said in an emailed statement. “In my view, this latest lawsuit builds on the sustained efforts of many governments to hold fossil fuel companies accountable to the myriad ways they have misled the public on the risks of their products.”