California AG Files Lawsuit Against ExxonMobil Over Chemical Recycling Claims
In a pivotal lawsuit filed this week, the California Attorney General has accused ExxonMobil of misleadingly promoting chemical recycling as a solution to the plastics crisis. The legal action references ProPublica’s recent investigative reporting and expands on their findings.
In June, ProPublica scrutinized ExxonMobil’s assertions that it had converted discarded plastic into new fruit cups through an "advanced" chemical recycling technology known as pyrolysis. The report highlighted the minimal recycled content in the end products and how companies often inflate these figures in their marketing materials.
The lawsuit incorporates the fruit cup example along with the Attorney General’s own findings, which further expose the discrepancy between ExxonMobil’s advertisements and the actual recycled plastic content in its products.
ProPublica reported that plastic produced via pyrolysis can contain no more than 10% recycled material. Due to the technology’s secretive nature, the exact recycled content in ExxonMobil’s products was indeterminate. However, the lawsuit, citing internal company documents, alleges that the process results in less than 0.1% recycled plastic.
Despite this, ExxonMobil marketed the fruit cups as comprising "30% ISCC PLUS certified-circular content," utilizing a controversial accounting method called mass balance. This approach allows companies to artificially boost the recycled content percentage of one product while lowering it in other, less profitable products. The lawsuit references ProPublica’s report on the Environmental Protection Agency’s recent prohibition of mass balance in a voluntary program for sustainable products, noting that the method is widely criticized for its deceptive nature.
The lawsuit claims that ExxonMobil has a significant financial interest in the broad acceptance and potential legalization of mass balance methods, suggesting that continuing to deceive the public is part of the company’s business strategy.
During a press conference, California Attorney General Rob Bonta criticized ExxonMobil for falsely promoting advanced recycling as a solution to the plastic crisis, labeling it as the company’s "biggest greenwashing campaign." In response, an ExxonMobil spokesperson insisted that advanced recycling is effective, stating that the company has processed over 60 million pounds of plastic waste into usable raw materials. The spokesperson also pointed to the inefficacy of California’s recycling system, suggesting that collaboration with the state could have been more productive than litigation.
The lawsuit extends beyond chemical recycling, accusing ExxonMobil of long-term public deception regarding plastic sustainability. It alleges that ExxonMobil initially promoted traditional recycling while knowing that plastic is effectively non-recyclable and has more recently marketed advanced recycling as a comprehensive solution. Advanced recycling, which uses heat or chemicals to decompose plastic to its molecular components, has not significantly improved the United States’ 5% plastic recycling rate and fails to address environmental and health issues caused by microplastics and toxic chemicals.
During the press conference, Bonta described plastic recycling as a "farce" and "deceit." Judith Enck, founder of Beyond Plastics, called the lawsuit the most impactful in holding the plastics industry accountable, likening it to the tobacco lawsuits from the 1990s that led to substantial settlements for deceptive advertising.
The lawsuit seeks to establish a fund to address the harm caused by ExxonMobil’s actions. Bonta hopes this fund, potentially amounting to billions of dollars, will be used to educate the public about the realities of plastic recycling. Enck suggests it could also support the expansion of refill-and-reuse infrastructure, such as installing dishwashing equipment in schools and hospitals to reduce single-use plastic, or adding water bottle refill stations in more public spaces.
Coinciding with the Attorney General’s lawsuit, four environmental groups, including the Sierra Club, filed a separate suit against ExxonMobil for similar claims of public deception regarding plastic recyclability. Both lawsuits were announced at a joint press conference.
Enck highlighted that ProPublica’s and other media outlets’ reporting provided crucial evidence for the litigation. The California lawsuit follows two years of investigations initiated by subpoenas from Bonta’s office to ExxonMobil and industry trade groups.
The lawsuit also highlights ExxonMobil’s collaboration with trade organizations such as the American Chemistry Council. From 2020 to 2023, the company contributed $19.4 million to the council for an ad campaign and national policy work on advanced recycling. One video from the campaign, which garnered over eight million YouTube views, suggested a future where plastic is continuously remade into useful products, thus reducing waste.
According to the lawsuit, this campaign, led by ExxonMobil, aims to mislead consumers into believing that recycling, particularly advanced recycling, can effectively address plastic waste issues, while perpetuating the production of single-use plastics.
The American Chemistry Council expressed disappointment over the legal action, arguing that it diverts resources from the industry’s efforts to promote a circular economy for plastics. Despite this, the council remains committed to advocating for effective policies, collaborating with communities, and investing in new technologies to enhance plastic recycling and sustainable practices.
The lawsuit asserts that ExxonMobil’s advertisements are misleading, as the company is aware that its advanced recycling process is not economically viable and can process only a minor fraction of consumer waste. Currently, approximately 8% of the waste plastic in ExxonMobil’s system is converted into new plastic, with the remainder either incinerated as fuel or repurposed into non-plastic products. Even with potential future improvements, the company could only achieve a 13% conversion rate for waste plastic to new plastic.
The lawsuit concludes that ExxonMobil’s "advanced recycling" program resembles a waste disposal or destruction process more than a genuine recycling effort.