Earlier this month, Florida Attorney General James Uthmeier, along with the Attorneys General of nine other states, sent a letter to approximately eighty corporations, alleging that their involvement with environmental groups may violate antitrust and consumer protection laws. 

Essentially, the AGs are arguing that by agreeing to standards promulgated by various environmental groups to reduce the use of plastics and improve the recyclability of products, these companies may be violating the Sherman Antitrust Act as well as state consumer protection laws.  In the letter, the AGs explain that by setting uniform production and packaging targets, and by dictating which materials are deemed to be “recyclable,” these environmental groups may be reducing competition, limiting consumer choice, and degrading product quality. 

In announcing the action, Florida AG Uthmeier said, “Multiple advocacy organizations have pressured companies into artificially changing the output and quality of their goods and services in a way that normal market forces would not otherwise bring about.  These groups were warned that their activity presents serious conflicts with antitrust and consumer protection laws, and advocacy for a particular agenda is not a basis to mislead consumers.”  

Regarding the AGs' specific false advertising concerns, they explained that members of environmental groups who fail to meet targets or “otherwise set unrealistic goals at the urging of advocacy organizations, risk misleading consumers by failing to disclose material facts regarding the viability of an unrealistic and artificial advocacy organization agenda.”  The AGs also asserted that companies may be misleading consumers “about the benefits of achieving the targets about the alleged harm that the advocacy organizations seek to avoid.”  

In addition to being signed by the Florida AG, the letter was also signed by the Attorneys General of Georgia, Iowa, Kansas, Montana, Nebraska, North Dakota, South Dakota, Texas, and West Virginia.