Unilever, Coke, Target, Nestle, Mondelez subpoenaed over plastics work

Florida attorney general files Civil Investigative Demands for information about interactions with peers and environmental groups

Lawmakers in Florida have subpoenaed Unilever, Coca-Cola, Target, Nestle and Mondelez for information about how they communicated with peers on plastic waste. 

Attorney General James Uthmeier filed Civil Investigative Demands (CID) with each of the firms this week, requiring them to provide details about their interactions with the US Plastics Pact, the Consumer Goods Forum, the Green Blue Institute and other members of the initiatives.  

All three environmental bodies also received CIDs.  

In February, Florida was among 10 states to write to firms belonging to the groups, alleging they sought to “artificially change the output and quality of their goods and services in a way that normal market forces would not otherwise bring about” in order to become greener.

This could put them on the wrong side of laws like the Sherman Antitrust Act and state and federal consumer protection rules, the group suggested. 

“Accordingly, you should reasonably anticipate that the undersigned States may seek additional information regarding your organisation’s participation in these initiatives, including through formal investigative demands, subpoenas, or other compulsory legal processes,” it warned at the time. 

Uthmeier said on Tuesday that his office had provided the five companies and three environmental groups with “a sufficient opportunity to respond to our inquiries regarding potential violations of the law”. 

“Time’s up,” he added, giving them all until May 27th to provide subpoenaed documentation to help investigate “suspicions that the corporations may have engaged in collusive partnerships through and with the environmental groups”. 

The CIDs demand a full account of each firm’s communications with fellow companies and initiatives on plastics advocacy, as well as documents related to the identification and mitigation of “problematic materials”. 

The companies are being asked to provide “records of steps the corporations have taken to eliminate any such ‘problematic materials’ and the economic impact on consumers from those steps.”

All five companies have been contacted for comment.