https://www.plasticpollutioncoalition.org/blog/2025/4/7/pepsico-inc-fiji...
On April 7, 2025, Plastic Pollution Coalition (PPC), a project of Earth Island Institute, filed a complaint in the District of Columbia (D.C.) Superior Court against PepsiCo, Inc. (PepsiCo), makers of Aquafina bottled water, for alleged “false and deceptive marketing” in violation of the District of Columbia’s Consumer Protection Procedures Act (CPPA). On March 18, 2025, in a positive move for the plaintiff, the same court denied Danone Waters of America’s motion to dismiss a lawsuit against the company, also for false and deceptive marketing. These developments follow the January 31, 2025, filing of a similar complaint by PPC against The Wonderful Company, LLC and FIJI Water, LLC, makers of FIJI Water bottled water.
Makers of bottled water that describe their products as ‘pure’ and their business practices as ‘sustainable’ are using deceptive, manipulative marketing tactics—because these statements are inherently untrue. The facts are: Plastic pollutes water and our bodies, plastic is unhealthy for people and the planet, and recycling cannot solve the plastic pollution crisis that the corporations producing bottled water helped create.
— Julia Cohen, MPH, Co-Founder and Managing Director of Plastic Pollution Coalition
Complaint Alleges PepsiCo’s Marketing of Aquafina is “False and Deceptive”
In the complaint, PPC alleges that PepsiCo promotes Aquafina as “pure water, perfect taste” and states on the Aquafina website that the packaging does not contain bisphenol-A (BPA) despite test results revealing that these products do in fact contain health-harming plastic chemical BPA. Further, PepsiCo’s website tells consumers that they are “working towards a more sustainable future,” despite the company’s significant contribution to plastic pollution.
An independent laboratory evaluation revealed bisphenol-A (BPA) in Aquafina “pure” bottled water products. BPA and other bisphenols, which are added to plastics to increase their rigidity, are known to disrupt the human endocrine (hormone) systems, and have been identified as among the most concerning of the more than 16,000 chemicals that are added to plastics.
These findings run contrary to Aquafina’s advertising claims, including the following, which appear on its consumer-facing website and packaging:
In addition to touting the “pure” qualities of its water on its consumer-facing website and packaging for Aquafina, PepsiCo represents itself as a company committed to sustainability through language that can be found on their website such as “we’re charting a new course to drive positive action for the planet and people,” and emphasizes that consumers recycle their products’ packaging “to create a more circular economy.” But the Complaint alleges that the companies’ production of plastic bottled water—like all plastic production—inherently produces plastic pollution (waste), which is not circular.
As alleged in PPC’s complaint, PepsiCo perpetuates misleading industry narratives around plastic recycling, pledging “by 2025: design 100% of packaging to be recyclable, compostable, biodegradable, or reusable.” Other messaging on PepsiCo’s products’ packaging contains the claim “100% recyclable.” As the Complaint alleges, plastic is not designed to be recycled, and most plastic items, including plastic bottles that are collected for recycling, are never actually recycled. Instead, plastics collected for recycling are most often sent to landfills or incinerators, or are shipped overseas, perpetuating plastic production and its resultant plastic pollution, and environmental injustices.
Court Denies Danone Waters of America’s Motion to Dismiss
The Danone lawsuit, brought by PPC in July 2024, alleges that Danone Waters of America is in violation of D.C.’s CPPA for representing evian bottled water as “natural” and “sustainable,” despite the presence of microplastics and the plastic chemical bisphenol-A (BPA). The lawsuit also argues that evian’s use of plastic packaging contributes significantly to plastic pollution and is inherently unsustainable
In its decision on March 18, 2025, the D.C. Superior Court rejected Danone Waters of America’s arguments for dismissal on multiple grounds, ruling that federal law does not preempt the claims brought under the CPPA. Additionally, the court found that PPC sufficiently pleaded its claim that Danone’s representations regarding evian’s “natural spring water” label and statements regarding the company’s sustainability commitments could be misleading to consumers. The court also denied Danone’s request to strike PPC’s jury demand without prejudice to further briefing, and ultimately allowed the case to move forward.
While Danone’s marketing and package design make representations as to the “sustainability” and “natural” quality of evian products, an independent laboratory evaluation found evian bottled water products to contain synthetic microplastics and BPA—unnatural substances that are harmful to both the environment and human health. Additionally, though Danone claims its plastic bottles are “100% recyclable” and “Made from 100% Recycled Plastic,” the vast majority of plastic waste that is collected for recycling worldwide is never actually recycled—exacerbating the global plastic crisis and environmental injustice.
The Court’s decision reaffirms that companies will be held responsible for misleading assertions about their products. We will continue to hold corporations accountable for blatant greenwashing and deceptive marketing.
— Scott Hochberg, General Counsel of Earth Island Institute
PPC Files Deceptive Marketing Complaint Against Makers of FIJI Water
On January 31, 2025, PPC filed a similar complaint against The Wonderful Company, LLC and FIJI Water, LLC, makers of FIJI Water bottled water, for alleged “false and deceptive marketing” in violation of the District of Columbia’s CPPA. The Wonderful Company, LLC and FIJI Water, LLC promote FIJI Water as “natural artesian water,” “protected from external elements,” and “untouched,” despite test results revealing that these products contain health-harming microplastics and plastic chemical bisphenol-A (BPA), and the companies’ roles in creating plastic pollution. An independent laboratory evaluation revealed both microplastics and bisphenol-A (BPA) in FIJI “natural” bottled water products.
In addition to touting the “natural” qualities of its water on its consumer-facing website and packaging for FIJI Water, The Wonderful Company, LLC and FIJI Water, LLC pledge to “promote a circular economy.” But the Complaint alleges that the companies’ production of plastic bottled water—like all plastic production—inherently produces plastic pollution (waste), which is not circular.
Plastic Pollution Coalition does not seek monetary damages; instead, it seeks an order declaring that the representations of FIJI Water bottled water products made by The Wonderful Company, LLC and FIJI Water, LLC are unlawful under the CPPA, as well as an injunction that will end the deceptive advertising and marketing at issue.
Plastic Bottled Water is Not Natural or Sustainable
Over the past several years, scientists have detected the presence of tiny plastic particles throughout the human body, and have linked their presence to male and female fertility issues and sexual dysfunction, heart attacks and strokes, neurodegenerative disorders, other serious health problems, and even death. According to researchers, health problems linked to the chemicals in plastics cost the U.S. healthcare system $250 billion in increased costs in the year 2018 alone.
Plastic pollution is an urgent global crisis threatening human, environmental, and climate health on a massive scale, from the plastic-producing petrochemical plants that disproportionately harm low-income, rural, and people of color communities; to the plastic pollution that is often dumped in Global South; to the toxic microplastics invading our bodies, which have been shown to contribute to cancer, neurotoxicity, reproductive issues, endocrine disruption, and genetic problems; and more. To solve this problem, our planet needs less plastic—not more.
