Migliaccio & Rathod LLP is investigating whether certain Nalgene Sustain bottles may be misleadingly marketed as being made with 50% recycled material when that percentage is determined through a mass-balance accounting system rather than by measuring the physical recycled content in each individual bottle.
Nalgene markets its Sustain bottles with the representation that they are “made with material derived from 50% plastic waste.” The company also references the use of an ISCC-certified mass-balance system. The bottles use Eastman Tritan Renew, whose recycled-content percentage is tracked through mass-balance accounting.
Mass-balance systems can allow recycled feedstock to be introduced into a broader manufacturing stream and then assign a percentage of recycled content to particular products through accounting records. That does not necessarily mean that 50% of the physical material in each individual bottle can be traced directly to recycled plastic.
Migliaccio & Rathod is investigating whether consumers reasonably understood Nalgene’s “50%” representation as describing the actual physical composition of the bottle they purchased, and whether the mass-balance methodology was adequately disclosed.
Consumers May Have Experienced:
- Purchasing a Nalgene Sustain bottle advertised as containing or being made from 50% recycled material;
- Believing that approximately half of the plastic physically used in the bottle came from recycled plastic waste;
- Paying more for the Sustain version because of its environmental representations;
- Seeing the 50% recycled-content claim prominently displayed while the mass-balance qualification appeared less prominently;
- Learning after purchase that the recycled percentage may be assigned through an accounting system; or
- Choosing Nalgene Sustain over another bottle because of its recycled-content claims.
Potential Claims May Include:
- False or misleading advertising;
- Misleading recycled-content representations;
- Deceptive trade practices;
- Breach of express warranty;
- Unjust enrichment; and
- Price-premium damages.
Signs You May Be Affected:
- You purchased a Nalgene Sustain bottle;
- The “50%” recycled-content representation influenced your purchase;
- You believed the claim described the physical recycled content of your bottle;
- You paid more because of the product’s environmental claims;
- You did not understand that mass-balance accounting was used to determine the recycled percentage; or
- You still have packaging, receipts, photographs, or online order records showing the recycled-content representations.
If you purchased a Nalgene Sustain 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.