Niagara Class Action Lawsuit Over False Advertisement
Despite claims that its goods are “100% recyclable,” the manufacturer of Kirkland, Save Mart, and Niagara water bottles employ non-recyclable materials that go to the landfill, as per a class action lawsuit filed Wednesday in New York federal court.
Eladia Duchimaza v. Niagara Bottling, LLC
Eladia Duchimaza, the lead plaintiff, seeks to represent similar New York consumers who are deceived into believing Niagara bottles of water are recycled. Duchimaza alleges that Niagara Bottling LLC used misleading marketing practices and violated New York consumer protection laws.
The plaintiff notes that nearly 90% of plastic waste is not recycled, creating an increasingly dire international problem. Duchimaza and other consumers are doing their part by purchasing recyclable products, such as Niagra water bottles; however, the materials used to manufacture the bottles, which are used by major brands such as Costco and Kirkland, are not recyclable.
The defendant is aware that the Products are primarily disposed of in landfills or burnt and are not recyclable. Thus, Defendant’s assertions that the Products are “100% Recyclable” are false, deceptive, and likely to defraud members of the public.
Unrecyclable Niagara Bottles
According to the class action lawsuit, there are a variety of difficulties in recycling Niagara water bottles.
First, the complaint notes that the bottle caps are comprised of substances that cannot be recycled and may contaminate other objects during processing. Similarly, recycling the plastic film intended to label Niagara water bottles is impractical due to similar concerns.
Additionally, the class action lawsuit contends that recycling centers in the United States are unable to recycle the sorts of plastics used to manufacture Niagra water bottles.
Despite these impediments to recycling, Niagara continues to advertise on the packaging of its water bottles that they are “100% Recyclable.”
Duchimaza asserts that Niagara engaged in false advertising and violated New York’s consumer protection law. She wishes to represent additional New York consumers seeking compensation for their losses. Additionally, the plaintiff seeks an injunction prohibiting Niagara from claiming that its water bottles are “100% recyclable.”
Niagara, as well as other beverage companies, are being sued by consumers who question their environmental claims.
Editor’s Note on Niagara Bottles Class Action Lawsuit 2021:
This article is written to inform you of the class action lawsuit against Niagara Bottling, LLC over the false advertisement of its water bottles. A similar case was filed against Coco Cola over 100% recycling claims.
Case Name & No.: Eladia Duchimaza v. Niagara Bottling, LLC, Case No. 1:21-cv-06434
Jurisdiction: U.S. District Court – Southern District of New York
Products/Services: Plastic water bottles
Allegations: Niagara Bottling, LLC lied about their bottles to be 100% recyclable
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