Walmart asks judge to trash lawsuit over recyclable labeling

  • 11/11/2021
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Walmart moves to dismiss amended complaint over labeling Retail giant argues Greenpeace still lacks standing to sue NEW YORK (Reuters) - Walmart Inc has asked a federal judge in San Francisco to throw out renewed claims by Greenpeace that the company is deceiving California consumers by labeling some house-brand plastic products as recyclable when most Californians don"t have access to facilities that recycle them. In court papers filed on Wednesday, lawyers for the retail giant asked U.S. District Judge Maxine Chesney to dismiss Greenpeace"s new amended complaint, arguing the environmental group again failed to show it directly suffered any harm from Walmart"s alleged deception. The lawsuit is part of a string of cases alleging single-use plastic products are marketed as recyclable when they are in fact not because of the limited capacity of U.S. recycling facilities. Keurig Green Mountain and the Coca-Cola Company are among companies also facing similar lawsuits. Greenpeace first sued Walmart over its labeling in December. In September, Bentonville, Arkansas-based Walmart persuaded Chesney to dismiss its complaint for lack of standing, though the judge said Greenpeace could amend its claims. It did so last month. Walmart in its latest motion to dismiss said Greenpeace still comes short of showing it suffered alleged injuries, like lost money, from the retailer"s marketing. If anyone could have been harmed, it would be consumers, not Greenpeace, the company argued. Greenpeace"s amended complaint claims that Walmart violates California"s Unfair Competition Law by labeling products like disposable plastic cups as recyclable without maintaining a written record or other information confirming the label is accurate. John Hocevar, a Greenpeace campaign director, said in a statement that "Walmart continues to refuse to answer the substance of our claims." Walmart said in a statement that Greenpeace was "trying to get a second bite at the apple by rewording its allegations." The case is Greenpeace Inc v. Walmart Inc, U.S. District Court California Northern District, No. 3:21-cv-00754. For Greenpeace: Howard Hirsch of Lexington Law Group For Walmart: Patrick Oot of Shook Hardy and Bacon

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