Migliaccio & Rathod LLP is investigating whether HydraPak RECON bottles may be misleadingly marketed as containing 50% recycled material when the stated recycled percentage is achieved through mass-balance allocation rather than by measuring the physical recycled content of each bottle.
HydraPak markets its RECON bottles with prominent representations that the cap and bottle are “made from 50% recycled content” and displays a “50% RECYCLED CONTENT” feature.
HydraPak also explains in a footnote that the recycled content is achieved through the allocation of third-party recycled plastic using a mass-balance method.
Migliaccio & Rathod is investigating whether the prominent “50% recycled content” representation gives consumers the impression that half of the physical material in each bottle is recycled plastic, when the underlying methodology may instead assign recycled material across a broader manufacturing system through accounting.
The investigation does not assume that the bottles contain no recycled feedstock. Instead, it concerns whether the specific numerical representation made to consumers accurately communicates what the 50% figure means.
Consumers May Have Experienced:
- Purchasing a HydraPak RECON bottle advertised as having 50% recycled content;
- Believing that approximately half of the bottle was physically made from recycled plastic;
- Paying a premium because of the product’s environmental representations;
- Seeing the 50% claim prominently displayed with the mass-balance explanation appearing only in a footnote or other less-prominent disclosure;
- Choosing RECON over another reusable bottle because of its recycled-content claim; or
- Learning after purchase that the 50% figure was calculated through mass-balance allocation.
Potential Claims May Include:
- False or misleading recycled-content advertising;
- Deceptive trade practices;
- Breach of express warranty;
- Misleading environmental marketing;
- Unjust enrichment; and
- Price-premium damages.
Signs You May Be Affected:
- You purchased a HydraPak RECON bottle;
- The “50% recycled content” representation influenced your purchase;
- You believed the claim referred to the actual physical content of the bottle;
- You did not understand that mass-balance accounting was used;
- You paid more because of the recycled-content representation; or
- You have packaging, screenshots, receipts, or photographs showing the claim.
If you purchased a HydraPak RECON bottle because of its recycled-content representations, we would like to hear from you. Please complete the contact form on this page, send us an email at [email protected], or give us a call.