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Exxon's Recycling Deception: California's New Legal Strategy

AInvestSunday, Oct 13, 2024 9:36 am ET
2min read
The state of California has launched a novel legal strategy in its ongoing battle against climate change and environmental degradation, targeting ExxonMobil for allegedly deceiving consumers about the recyclability of plastics. This lawsuit, filed by California Attorney General Rob Bonta, marks a significant shift in the state's approach to holding corporations accountable for their role in the global plastics pollution crisis.

ExxonMobil, the world's largest producer of polymers used in single-use plastics, has been accused of promoting a false narrative about the recyclability of plastics for nearly half a century. The company has been misleading consumers into believing that recycling could effectively address the ever-growing plastic waste crisis, when in reality, only a small fraction of plastic waste is actually recycled.

One of the key ways ExxonMobil has misled consumers is through the use of the chasing arrows symbol, which is strongly associated with recycling. This symbol is often found on plastic products, giving consumers the impression that these items can and will be recycled when placed in the recycling stream. However, only about 5 percent of U.S. plastic waste is recycled, and the recycling rate has never exceeded 9 percent.

ExxonMobil's recent promotion of "advanced recycling" as a solution to the plastic waste and pollution crisis has also been called into question. The company claims that this technology can convert certain types of plastic waste into petrochemical feedstock, which can then be used to make new plastic. However, the lawsuit alleges that ExxonMobil's "advanced recycling" program is deceptive, as the vast majority of plastic waste processed through this technology does not become recycled plastic. Instead, it primarily fuels the production of new plastic.

Furthermore, ExxonMobil's financial interest in maintaining the status quo plays a significant role in its promotion of mass balance accounting methods for recycled content. Mass balance allows recyclers to pump up the advertised recycledness of one product by reducing the advertised recycledness of other, less lucrative products. This method is widely criticized for being deceptive to the public, and the Environmental Protection Agency has prohibited its use in a voluntary program for sustainable products.

In response to the lawsuit, ExxonMobil has pointed the finger back at California, arguing that the state's ineffective recycling system is to blame for the plastic pollution crisis. The company insists that advanced recycling works and that it has processed more than 60 million pounds of plastic waste into usable raw materials, keeping it out of landfills.

However, California Attorney General Rob Bonta contends that ExxonMobil's deception has actively contributed to the plastics pollution crisis and that the company must be held accountable for its role in this environmental disaster. The lawsuit seeks billions of dollars from ExxonMobil to fund the abatement of a host of harms from plastic pollution in California, as well as an order to stop the company from using terms such as "advanced recycling," "chemical recycling," "circular," "certified circular polymers," or even "recyclable" when describing any of its products or operations.

As the legal battle between California and ExxonMobil unfolds, it remains to be seen whether the company's alleged deceptions will be exposed and whether it will be held accountable for its role in the global plastics pollution crisis. This lawsuit represents a significant step in the fight against climate change and environmental degradation, as it seeks to address the root causes of the problem and hold corporations responsible for their actions.
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