On Monday, September 23, 2024, California Attorney General Rob Bonta, on behalf of the State of California, filed suit in the San Francisco County Superior Court against ExxonMobil alleging that the corporation’s deceptive statements about the recyclability of its’ products have led to a “plastic waste and pollution crisis.” 

In the 147-page complaint, Bonta argues that ExxonMobil has engaged in a decades long operation to deceive the public about the realities of single-use plastics. As the world’s largest producer of single-use plastic polymers, the California Attorney General makes the assertion that ExxonMobil has employed years of misleading marketing tactics that have encouraged the public to accept “recycling technology as a key solution that would reverse or substantially mitigate” the resultant harm from using the corporation’s products. 

The complaint goes on to describe the proliferation of plastic pollution caused by single-use plastics in California due to the plastic’s inability to biodegrade, while simultaneously breaking down into microplastics that contaminate our environment, our food, and our groundwater. 

The complaint further alleges that, since 1970, ExxonMobil “knew [] that recycling was not a feasible solution to the plastics waste and pollution crisis.” Despite this, the complaint asserts that ExxonMobil continued to deceive the public by promoting recycling, including “advanced recycling,” announcing unachievable recycling targets, and shifting attention to public consumption habits. 

As a result of ExxonMobil’s actions, Bonta argues that California has been and will continue to be impacted by the persistent and unabated use of plastic products. Thus, the suit alleges causes of action sounding in nuisance, water pollution, misleading advertising, and misleading environmental marketing, including requests for injunctive relief and civil penalties against the defendants.

The California Office of Attorney General notes that this case marks the first attempt by a U.S. government official to hold an oil and gas company accountable for misleading claims about plastics. 

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