ExxonMobil, Others Accused of Plastics Lies in Newest Suit (2)

ExxonMobil Corp. and other corporations violated antitrust and consumer protection laws when they “artificially” increased demand for single-use plastics by lying about their recyclability, residents of four states alleged in the latest lawsuit targeting the plastics industry.

Promoting single-use plastic as recyclable when most aren’t contributed to a serious pollution crisis, according to the lawsuit filed Monday in the US District Court for the Western District of Missouri.

“These joint misrepresentations have led to higher plastic prices than otherwise would have occurred in a competitive market and massive sanitation problems for county and city governments and their landfills,” the lawsuit says. “Defendants should be required to repay the consumers they lied to and defrauded.”

The plaintiffs are four residents from Missouri, Kansas, California, and Florida. They’re seeking damages and a court order stopping the companies from engaging in the “deceptive, unfair, unconscionable, and unlawful” business practices alleged in the lawsuit.

ExxonMobil, Chevron USA Inc., DuPont de Nemours Inc., and the American Chemistry Council are among the 11 defendants named. The nationwide class includes people or entities who indirectly purchased plastics beginning in January 1990.

ExxonMobil is “transparent and meticulous” in its product claims and has been direct with customers about its products, a company spokesperson said in an emailed statement

“Our position on lawsuits of this type remains unchanged—they do nothing to advance solutions to plastic waste and pollution,” according to the statement. “Instead of filing lawsuits, we invite governments and individuals to work with us on solutions.”

Ross Eisenberg, president of America’s Plastic Makers, which is affiliated with the American Chemistry Council, said in an emailed statement that Monday’s complaint was littered with inaccurate, misleading, and out-of-date claims.

“This is a distraction from the significant innovations and investments plastic makers are contributing to improve recycling and help prevent pollution, such as design, collection and recycling infrastructure,” the statement says. The American Chemistry Council “looks forward to refuting these allegations and plans to vigorously oppose the claims.”

Theodore Boutrous Jr., counsel for Chevron Corp. at Gibson, Dunn and Crutcher LLP, called the complaint “meritless.”

“From the face of the complaint, it is apparent that there is no basis for Chevron to be in this baseless lawsuit,” he said in an emailed statement.

Monday’s class action complaint comes three months after California Attorney General Rob Bonta (D) filed a lawsuit against polymers producer ExxonMobil, saying the company had violated state public nuisance, pollution, and false advertising laws by promoting plastics as recyclable.

Ford County, Kan., followed with its own class action lawsuit in November.

Sharp Law LLP is representing the class of state plaintiffs and also represents the plaintiffs in the Ford County lawsuit.

The case is Rodriguez v. ExxonMobil Corp., W.D. Mo., No. 4:24-cv-00803, complaint filed 12/16/24.