Niagara Bottling LLC shook off proposed class claims that it deceived consumers by touting its plastic water bottles as “100% Recyclable,” as a federal court in New York said a consumer didn’t plausibly allege the representation was false or misleading.
New York City resident Eladia Duchimaza said the company dupes consumers because not all components of the bottles are made of recyclable material, and low recycling capacity in New York state makes the other parts effectively non-recyclable.
She and Niagara agreed that “recyclable” is a term of art, and that the Federal Trade Commission’s Green Guides, which establish commercial practices ...
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