Toxic Chemical & Greenwashing Lawsuits

Understanding Microplastics and PFAS: Hidden Dangers in Everyday Products

What Are Microplastics?

Microplastics are microscopic plastic particles shed from packaging, synthetic clothing, cosmetics, and food containers. They are:

• • • Found in bottled water, toothpaste, exfoliants, and processed foods
    • Ingested or absorbed through skin, accumulating in organs and tissues
    • Linked to endocrine disruption, inflammation, and reproductive harm

What Are PFAS (“Forever Chemicals”)?

PFAS are a class of synthetic compounds used for water, stain, and grease resistance. They are:

• • • Present in nonstick cookware, waterproof clothing, fast-food wrappers, and cosmetics
    • Resistant to breakdown—persisting in the environment and human body for decades
    • Associated with cancer, thyroid disease, immune dysfunction, and developmental delays

What Is Greenwashing—and Why Is It Legally Actionable?

Greenwashing is the practice of falsely marketing products as environmentally friendly, non-toxic, or “clean.” It misleads consumers into believing they are making safe, ethical choices—when in fact they may be exposed to harmful chemicals.

Examples of Greenwashing:

• • • “Clean beauty” products containing PFAS, parabens, or microplastics
    • “Eco-safe” cleaning supplies with undisclosed volatile organic compounds (VOCs)
    • “Natural” or “plant-based” labels used on synthetic or chemically treated goods
    • “BPA-free” packaging that still leaches bisphenol analogs or phthalates
    • “Biodegradable” claims with no substantiation or regulatory compliance

Legal Implications:

Greenwashing may violate multiple consumer protection laws, including:

• • • California’s Consumer Legal Remedies Act (CLRA) – prohibits false representations about product safety and environmental attributes
    • California’s Unfair Competition Law (UCL) – targets deceptive business practices and misleading advertising
    • Federal Trade Commission (FTC) Guidelines – regulate environmental marketing claims and labeling standards

California’s Anti-Greenwashing Act: AB 1305 (VCMDA)

Effective January 1, 2024, California’s Voluntary Carbon Market Disclosures Act (AB 1305) requires companies making environmental claims to publicly disclose how those claims are verified. This law directly targets greenwashing and creates new legal exposure for companies operating in California.

Who Must Comply?

Any entity that:

• • • Operates in California
    • Markets or sells voluntary carbon offsets
    • Makes claims such as “carbon neutral,” “net zero,” or “climate positive”

Required Disclosures:

Companies must post detailed information on their websites, including:

• • • Methodology used to calculate emissions or offsets
    • Progress tracking toward net zero or carbon neutrality goals
    • Third-party verification status
    • Offset project details, location, and accountability measures

While there is no private right of action directly under AB 1305, it can serve as the basis for stating a claim under California’s other consumer protection statutes, including the CLRA, UCL, and FAL.