‘Plastics Recycling Fraud’ and the Continued Expansion of Public Nuisance Claims

In one of the first cases alleging “plastics recycling fraud,” a federal district court in California recently denied a motion to dismiss the plaintiffs’ public nuisance claim. Citing prior decisions in cases involving the manufacture and distribution of handguns and opioids, the court held the plaintiffs had plausibly alleged a public nuisance claim based on the defendant’s manufacture, distribution, and promotion of polymers for single-use plastics. The court’s decision represents not only a…
By: Morgan Lewis