Migliaccio & Rathod LLP is investigating whether certain consumer products marketed as “Plastic Neutral” or “Plastic Negative” may overstate the environmental benefit provided by plastic-offset or recovery-credit programs.
A growing number of consumer brands use certifications from organizations such as rePurpose Global to market products as Plastic Neutral or otherwise represent that the plastic associated with the product has been offset through the recovery of an equivalent amount of plastic waste.
rePurpose Global promotes Plastic Neutral certification to hundreds of consumer brands and represents that companies can recover the equivalent of their plastic footprint by funding plastic removal from the environment. Brands participating in this broader ecosystem have included companies such as Freshpet, Tom’s of Maine, Sunday Riley, SmartSweets, Tillamook, and Curology.
Migliaccio & Rathod is investigating whether consumers reasonably understand “Plastic Neutral” or “Plastic Negative” to mean that a product’s plastic impact has been fully neutralized, and whether the underlying recovery projects actually provide the environmental benefit implied by those claims.
The investigation is particularly focused on whether recovered plastic would have been collected anyway, whether different types of plastic are treated as interchangeable, whether credited plastic is ultimately burned or landfilled, or whether the same recovery activity may support multiple environmental claims.
The available information does not establish that these practices occurred across all participating brands. This investigation is focused on identifying consumers and products for which the underlying recovery-credit system may not match the environmental message presented on the product.
Consumers May Have Experienced:
- Purchasing a product labeled Plastic Neutral or Plastic Negative;
- Believing the product’s plastic footprint had been completely offset;
- Paying more for a product because of its plastic-neutral representation;
- Choosing one brand over another because of environmental certification;
- Seeing a certification logo without a clear explanation of how the plastic offset worked; or
- Learning that the underlying plastic recovery may not directly correspond to the plastic introduced by the product.
Potential Claims May Include:
- False or misleading environmental advertising;
- Misrepresentation of plastic-neutral or plastic-negative claims;
- Deceptive trade practices;
- Breach of express warranty;
- Unjust enrichment; and
- Price-premium damages.
Signs You May Be Affected:
- You purchased a product marketed as Plastic Neutral or Plastic Negative;
- The environmental claim influenced your purchasing decision;
- You paid more because of the product’s sustainability representation;
- You believed the product’s plastic footprint had been fully neutralized;
- The product displayed a rePurpose Global or similar plastic-recovery certification; or
- You have packaging, receipts, screenshots, or advertisements showing the environmental claim.
If you purchased a product because it was represented as Plastic Neutral or Plastic Negative, 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.