Courtroom showdowns are shaping the narrative for the plastics industry as lawsuits over recycling deception gain traction. I highlighted plastics industry court battles in the latest Plastic Globes column, noting that "Some of the year's top plastics stories happened inside courtrooms."
The ink was barely dry on that story when Steve Toloken reported on what could be the next chapter: New Jersey environmental groups want their state's attorney general to sue the plastics industry over allegedly deceiving the public about the viability of plastics recycling.
It's going to be hard to say no, because of the potential for a big monetary payoff. California Attorney General Rob Bonta said the main remedy his lawsuit seeks is an abatement fund that ExxonMobil would pay into. "It's a mitigation and abatement fund, funded by ExxonMobil to address the forward-going prospective harm of their plastic pollution created by their deception," he said.
Bonta and the NGOs cheering for more lawsuits are pushing a narrative that compares plastics to tobacco — something that PN and its readers have pushed back against. To me, their pitch sounds a lot like the TV commercials for personal injury attorneys. "Has your state been hurt by the plastics industry's unsuccessful efforts to improve recycling? We'll make them pay."
As I wrote in October, Bonta's case — and others that will predictably follow — will damage the plastics industry's reputation. But I don't think plastics have to end up as big losers like the tobacco industry. After all, plastics have numerous societal benefits. The key will be to win in the court of public opinion — which, unfortunately, isn't going to be easy.