Court Dismisses PFAS False Advertising Suit Against Coca-Cola – What Lessons Should Be Learned?

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On September 29, 2025, the Southern District of New York dismissed a PFAS false advertising suit against Coca-Cola over its Simply juice products, holding that the plaintiff lacked standing and failed to show a link between third-party PFAS testing and his actual purchases.  The court found no plausible economic or benefit-of-bargain injury.  The plaintiff alleged that Simply juices were falsely marketed as “All Natural” despite the presence of PFAS.

The court ruled that the plaintiff failed to allege the tested samples were from his purchases or that PFAS presence rendered the products less valuable.  Relying on precedents such as TransUnion v. Ramirez and Axon v. Florida’s Natural Growers, the court dismissed the complaint with prejudice for lack of standing.

The ruling reinforces that PFAS consumer mislabeling cases must connect laboratory testing to specific purchases and articulate a concrete injury to survive dismissal.  So, what lessons should be learned?

1. Laboratory Testing Link

Courts are dismissing PFAS mislabeling cases when the plaintiff fails to connect the specific product they purchased to the lab-tested sample.  Merely alleging that “testing of similar products” revealed PFAS, without tying that testing to the actual unit or batch purchased, is often viewed as too speculative.

2. Concrete Injury Requirement

Under TransUnion v. Ramirez and Spokeo v. Robins, plaintiffs must show a concrete, particularized injury, not just an abstract statutory violation or moral objection.  In PFAS suits, courts have required plaintiffs to allege:

  • That they overpaid for a product falsely marketed as “PFAS-free” or “non-toxic,” and
  • That the product they actually bought contained PFAS in measurable amounts.

Where plaintiffs only claim “fear of exposure,” “diminished value,” or cite general environmental harms, dismissal for lack of Article III standing is common.

3. Evidentiary and Pleading Implications

To survive Rule 12(b)(6):

  • Plaintiffs must plead chain-of-custody facts linking test results to the purchased item (e.g., same UPC, batch code, or manufacturing lot).
  • They should specify PFAS analytes and concentrations, not just allege “detectable PFAS” or presence of total organic fluorine.
  • Plaintiffs often rely on third-party advocacy testing (e.g., Mamavation, Environmental Working Group), but courts treat those as insufficient when plaintiffs fail to link the test results to the specific products they purchased.
4. Practical Takeaway for Defendants and Counsel

For companies facing PFAS labeling suits, early motions to dismiss can succeed by emphasizing:

  • Lack of product-specific testing linkage;
  • Lack of concrete injury or economic harm;
  • Compliance with trace-level detection limits (e.g., parts-per-trillion levels with no safety threshold exceeded).

The case is Lurenz v. Coca-Cola Co., No. 7:22-cv-10941 (S.D.N.Y.), filed 12/28/2022.  More details are available in a previous post.

Judge Approves Seven-Figure Settlement in Rust-Oleum Greenwashing Case

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Rust-Oleum will pay $1.5 million to resolve a class action challenging green marketing claims on its “Krud Kutter” cleaning products, under a settlement approved by the Northern District of California on October 2, 2025.

As part of the agreement, Rust-Oleum must permanently remove “Non-Toxic” claims from product labels.  In addition, the company must qualify its “Earth Friendly” claims with an asterisk that directs consumers to clarifying language on the back label, such as “Contains no inorganic phosphates, hazardous solvents, or environmentally harmful surfactants.”

The plaintiff argued these claims were deceptive because Krud Kutter products contain hazardous ingredients.  “The Products’ [safety data sheets (SDSs)] make clear that the Products are certainly not” non-toxic or earth-friendly, the first amended complaint stated.

The complaint also claimed the label language violated Consumer Product Safety Commission (CPSC) regulations under the Federal Hazardous Substances Act (FHSA), which prohibit language that “negates or disclaims” required caution statements.

After attorney fees, litigation costs, and settlement administration expenses, approximately $550,000 will be distributed among more than 23,000 class members.  Any remaining funds will go to Earthjustice and Mamavation, a consumer watchdog group.

The case is Bush v. Rust-Oleum Corp., No. 3:20-cv-03268 (N.D. Cal.), filed 5/13/2020.  More details are available in a previous post.

Irene Hantman to Present at Chemical Watch Summit in September

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Verdant Law is pleased to announce that Irene Hantman will present on litigation over green marketing claims at Chemical Watch’s Regulatory Summit North America 2025.

Ms. Hantman’s September 18 presentation will cover noteworthy recent cases, including suits against manufacturers of everyday consumer products over alleged PFAS content.  The presentation will also discuss possible impacts from state-level PFAS disclosure laws, which may lead to a floodgate of new lawsuits.

Following the 3:05pm presentation, Ms. Hantman will be joined by other experts for a Q&A session.

The Regulatory Summit will be held in Alexandria, Virginia, from September 15–18.  Virtual attendance options are available.

Update – November 11, 2025

Slides from Ms. Hantman’s presentation, “Green Marketing Claims, PFAS, and Litigation,” are now available here.

EPA Updates Safer Choice Program’s Ingredients List

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On July 21, 2025, EPA added 18 chemicals to the Safer Chemicals Ingredients List (SCIL).  The move may signal that the agency plans to continue the Safer Choice program, despite earlier speculation that the Trump administration might transition it to the private sector.

With the update, there are now 983 chemicals on the SCIL.  The list is designed to help manufacturers find safer alternatives to hazardous chemicals.  Products that meet the criteria of the Safer Choice program are eligible to carry the “Safer Choice” label.  The SCIL can be found here.

The voluntary program was targeted for elimination by the Heritage Foundation’s “Project 2025” initiative.  However, industry groups such as the American Cleaning Institute urged the Trump administration to retain it.

In a press release announcing the update, EPA states that the additions “support[] Administrator Zeldin’s commitment to transparency, innovation and safer chemistry.”  The agency also notes that using existing SCIL-listed chemicals can help companies avoid delays tied to the approval of new substances—an acknowledgment of industry concerns about the backlog in EPA’s review process.

“Without an approval from EPA under the Toxic Substances Control Act, new chemistries don’t make it to market, which simultaneously holds back the manufacturing and innovation sectors and keeps older chemistries in regulation,” the release states.

The 18 additions represent a variety of functional classes, including emollients, polymers, and surfactants.  All but one are either verified or expected to be of low concern based on experimental and modelled data.

The exception, sodium polyphosphates, is only allowed as an oxidant stabilizer due to possible hazards.  Its “yellow triangle” designation indicates that it is one of the safest chemicals available for its function, but that its function is in need of safer chemistry innovation.

Last year, EPA expanded the Safer Choice program by introducing sustainable packaging criteria and a Safer Choice Cleaning Service certification.  More on that update can be found here.

Apple Moves to Dismiss Watch Band PFAS Suit

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A proposed class action alleging that Apple Watch bands contain PFAS should be dismissed for lack of standing, Apple told the District Court for the Northern District of California on April 14, 2025.

The plaintiffs in Cavalier v. Apple, Inc., No. 5:25-cv-713, claim that a published study detected PFHxA (a type of PFAS) and “significantly elevated levels of fluorine” in Apple Watch bands, despite Apple’s “health and environmental promises to the contrary.”  The complaint alleges violations of California’s unfair competition law and false advertising law, as well as various fraud claims.

In its motion to dismiss, Apple argues that the plaintiffs failed to link the study results—which were anonymized—to specific Apple products.  “The [study] does not show that Apple Watch bands contain PFAS generally, nor that the particular Watch bands purchased by Plaintiffs contain PFAS,” the motion states, alleging that the complaint fails to plead an injury in fact.

Apple also objects to the plaintiffs’ characterization of PFHxA as “a dangerous form of PFAS that pose significant harms to people and the environment.”  Apple argues that the plaintiffs “provide no evidence” that PFHxA in particular has adverse health effects, and contends that they attempt to “blur the distinctions among PFAS chemicals and create a toxic scare where none exists.”

In addition, Apple argues that its advertising claims—which include statements like “[t]he ultimate device for a healthy life”—are vague and nonspecific and cannot serve as the basis for the plaintiffs’ fraud claims.

The suit is one of several recent cases targeting consumer products alleged to contain PFAS, as plaintiffs increase scrutiny of so-called “forever chemicals” in everyday items.  A hearing on the motion to dismiss is scheduled for July 31, 2025.

Gore-Tex Maker Faces PFAS Greenwashing Allegations

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A proposed federal class action has been filed against W.L. Gore & Associates, accusing the company of systematically misleading customers about the sustainability of its widely used Gore-Tex Fabric.

The February 11 complaint alleges that Gore-Tex is produced using PFAS, chemicals that pose “extremely dangerous health and environmental effects” and allegedly shed from Gore-Tex during ordinary use.  Despite this, the plaintiffs argue that Gore markets the fabric as “non-toxic and safe for the user” and “environmentally sound,” creating a false impression about its safety and sustainability.

“Instead of coming clean on its use of PFAS and their environmental consequences, Gore…embark[ed] on a significant greenwashing campaign full of material misrepresentations and omissions designed to deceive eco-conscious consumers and safeguard Gore’s profits,” the complaint states.

The suit also challenges “[Perfluorinated Chemical (PFC)]* Free Laminate” claims on tags affixed to Gore-Tex products.  According to the complaint, the claim “misconstrues the common definition of the term ‘PFC’ by unilaterally excluding well-known PFC-based chemicals, such as PTFE and ePTFE,” which are PFAS allegedly used to make several Gore products—despite efforts by the company to phase out their use.

The plaintiffs allege that Gore’s practices violate laws in 28 states and DC, including consumer protection, fraudulent concealment, and unfair competition laws.  They seek damages, disgorgement, and an order enjoining Gore from continuing its allegedly unlawful business practices.

The suit comes shortly after Maryland’s Attorney General sued Gore in December 2024, alleging that Gore knowingly “polluted the air and water around its facilities with” PFAS.  Additionally, in 2022, a former employee sued Gore over health effects allegedly stemming from PFAS exposure.

Gore-Tex is used in a variety of companies’ outdoor apparel, including outerwear and athletic shoes.  According to the complaint, Gore-Tex has a 70% market share in the waterproof-breathable textile market.

The case is Mason v. W.L Gore & Associates, No. 2:25-cv-49 (E.D. Wash.).

California Sues ExxonMobil for Deceptive Marketing on Plastic Recycling

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ExxonMobil deceived the people of California by falsely promoting single-use plastics as sustainable, a complaint filed by California’s attorney general on September 23, 2024, alleges.

The lawsuit, filed in the San Francisco County Superior Court, argues that ExxonMobil conducted a “decades-long campaign of deception” to convince the public that plastics recycling was a sustainable solution to plastic waste, despite knowing that plastics recycling “is technically and economically nonviable to handle the amount of plastic waste [the company] produces.”  ExxonMobil is the largest producer of plastic polymers in the world.

“ExxonMobil’s deceptions undermined consumers’ ability to make informed choices to avoid the catastrophic harms we are experiencing,” the complaint states.  The attorney general asserts that “single-use plastic chokes our waterways, poisons our oceans, harms already endangered and threatened wildlife, blights our landscapes, contaminates the recycling stream, increases waste management costs, pollutes our drinking water, and expands landfills.”

Special focus was given in the complaint to ExxonMobil’s claims about “advanced recycling,” a collection of non-mechanical recycling technologies designed to convert certain plastic wastes into “fuels, chemicals, waxes, and petrochemical feedstock.”  According to the suit, ExxonMobil conceals several key limitations of its advanced recycling program, including that only 8% of processed waste becomes new plastic and that its “certified circular polymers” are made of “virtually no waste plastic.”

The lawsuit alleges violations of state nuisance, natural resources, water pollution, false advertisement, and unfair competition laws.  The complaint seeks abatement funds, disgorgement, and civil penalties.  California’s attorney general reportedly said they want “billions of dollars” for the abatement fund.

It has been reported that ExxonMobil responded by claiming that California officials have known for decades that their state recycling program is ineffective, arguing that the officials “failed to act, and now…seek to blame others.” The company has been quoted as asserting that “[i]nstead of suing us, they could have worked with use to fix the problem and keep plastic out of landfills.”

Irene Hantman and Philip Moffat Present on Green Marketing at PSX 2024

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Verdant Law is pleased to announce that Irene Hantman and Philip Moffat presented on green marketing and product stewardship at the PSX 2024 conference in Denver.  Their October 16 presentation covered greenwashing, US regulation of green marketing, and enforcement and litigation.

Green marketing is on the rise, partly because consumers are willing to pay more for “green” products. However, many green marketing claims are overstated.  In the presentation, Ms. Hantman and Mr. Moffat described the various ways in which green marketing claims can be misleading and the potential consequences of deceptive marketing.

Special focus was given to the Green Guides, guidance published by the Federal Trade Commission (FTC) that helps advertisers avoid making unfair or deceptive claims.  While the Green Guides are non-binding, they provide insight into what advertising claims the FTC may determine to be illegal.  The presentation noted that the FTC is considering whether the Green Guides should be codified as rules and whether the commission should revisit its guidance for terms like “recyclable” and “degradable.”

The presentation also covered notable enforcement actions and litigation pertaining to green marking, including California’s recent suit against ExxonMobil for deceptive public messaging about plastic recycling.  Ms. Hantman and Mr. Moffat concluded by emphasizing the importance of developing green marketing claims that are clear, specific, and substantiated with evidence.

PSX is an annual conference hosted by the Product Stewardship Society.  According to its website, PSX is “the most comprehensive leadership forum for strategies that guide product stewardship professionals in an ever-changing global economy.”  Ms. Hantman serves on the PSX Conference Program Committee.

If you have any questions about the presentation, please contact Ms. Hantman or Mr. Moffat.

EPA Updates Safer Choice and Design for the Environment Standard

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On August 8, 2024, EPA finalized updates to the Safer Choice and Design for the Environment Standard.  The revised standard implements sustainable packaging criteria and introduces a Safer Choice Cleaning Service Certification for cleaning service providers.

Created in 2009, the Safer Choice program allows products such as cleaners and detergents to carry a special label if they meet human and environmental health requirements.  Products must meet both holistic and component-level requirements to be approved for partnership with EPA, which is renewable and lasts three years.  Design for the Environment operates under the same standard and applies specifically to antimicrobial products.

Under the updated standard, primary packaging for certified products can no longer contain intentionally added PFAS.  The revisions also require packages to either be 1) designed to be reused or 2) recyclable and made of a certain percentage of recycled content.

The update also inaugurates a certification program for cleaning services that use certified products “to the maximum extent practicable.”  The agency says that it will consider exceptions on a case-by-case basis, including in situations where limited certified products are available for a certain product class.

Other changes include stricter requirements for pet care products and voluntary criteria aimed at reducing carbon-based energy consumption.  The new standard does not alter the master criteria for ingredients or any of the supplemental requirements for certain product classes.

The update is the first revision to the standard since 2015 and the fourth in its history.  New products must comply with the updated standard immediately.  Existing partnership products must comply within a year after they are notified of the updates.

 

Coca-Cola Asks Judge to Dismiss Simply Juice PFAS Suit

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A proposed class action alleging that Coca-Cola’s Simply-brand juices contain PFAS does not state a plausible claim for relief, Coca-Cola told the Southern District of New York on July 31, 2024.

The plaintiff in Lurenz v. The Coca-Cola Co. alleges that laboratory testing revealed “widespread and uniform” PFAS contamination in Simply juices at levels detrimental to human health.  As a result, the claims made on Simply products—including that the beverages are “All Natural” and “made simply” with “all-natural ingredients”—would mislead a reasonable consumer, the most recent complaint asserts.

The court dismissed the initial complaint for lack of standing in June, but allowed the plaintiff to file a new complaint.  In response, Coca-Cola filed a letter requesting a conference before the company files another motion to dismiss.  The letter argues that the new complaint’s allegations are “even vaguer” than those previously dismissed, making it “impossible to tell” when the plaintiff purchased the contested products.  The plaintiff “still cannot show a concrete economic harm needed to establish Article III standing,” Coca-Cola says.

In addition, Coca-Cola argues that the new complaint still provides insufficient factual detail about the testing that revealed PFAS contamination, which was a factor in the earlier dismissal.  Even if the testing allegations are deemed sufficient, Coca-Cola asserts that the all-natural claims are not misleading.  “[N]o reasonable consumer would understand PFAS—a substance that is not intentionally added to the [juices]—to be an ingredient,” the letter states.

The case is similar to an ongoing suit against L’Oréal, the cosmetics company, for alleged PFAS contamination.  A blog post on that case, written after a dismissal due to standing issues, can be found here.