Imagine a grain of sand—only smaller, nearly invisible, yet everywhere. That’s the reality of microplastics—tiny plastic particles (less than 5 millimeters) now found in oceans, drinking water, air, and even human blood.
For businesses, microplastics aren’t just an environmental crisis—they’re a legal, reputational, and financial risk. Consumer lawsuits, stricter regulations, and evolving sustainability standards are forcing companies to rethink materials, labeling, and sustainability claims.
The good news? Companies that act proactively can avoid costly litigation, maintain consumer trust, and turn compliance into a competitive advantage.
1. Understanding Microplastics and the Legal Landscape
Before businesses can protect themselves, they need to know what they’re up against.
What are Microplastics?
- Primary microplastics: Intentionally manufactured small plastics, such as microbeads in cosmetics or industrial abrasives.
- Secondary microplastics: Tiny fragments that result from the breakdown of larger plastic products.
Why the Legal Risks Are Growing
New Regulations: The US and the EU lead efforts to address microplastics. The US has enacted bans on microbeads and restrictions on cosmetics at both the federal and state levels, while the EU limits the intentional use of microplastics.
- Illinois passed the first microplastics ban in beauty products and paved the way for the Federal Microbead Free Waters Act.
- The US Microbead Free Waters Act targets the elimination of plastic microbeads in rinse-off cosmetics.
- The Microplastics Safety Act, introduced this year, mandates that the U.S. Food and Drug Administration conduct research on the health effects of microplastics.
- California has created a Statewide Microplastics Strategy that outlines initial actions and research priorities aimed at addressing microplastic pollution. This strategy acts as a policy initiative that could pave the way for future regulations if implemented.
- The European Commission’s REACH restriction on intentionally added microplastics not only addresses the direct use of microplastics but also includes regulations to prevent the loss of plastic pellets into the environment. Under this restriction, manufacturers and importers must report the use of synthetic polymer microparticles annually, with the first reports due in 2027.
Litigation trends: Lawsuits often focus on misleading sustainability claims (“greenwashing”), failure to disclose microplastic content, and environmental harm. Some key claims leading to microplastic litigation are: “BPA-free,” “natural,” “microwave-safe,” and “freezer-safe.”
- Ziploc Bags: Plaintiffs in Cheslow et al. v. S.C. Johnson & Son, Inc. alleged that the Ziploc bags, which claimed to be microwave safe and suitable for freezing, released microplastics when subjected to heat or freezing conditions. However, the case was ultimately dismissed.
- Baby Bottles: Miller et al. filed a lawsuit against Handicraft regarding baby bottles and sippy cups marketed as BPA-free. The allegations claimed that these products leaked microplastics when heated, but like the Ziploc case, it was also dismissed.
- Rubbermaid Storage Containers: Andesilic et al. v. Newell Brands Inc. involves Rubbermaid take-along containers, which were advertised as freezer and microwave-safe. The plaintiffs allege that these containers release microplastics under similar conditions, but the outcome is still pending.
- Bottled Water: Dotson et al. v. Danone Waters of America, LLC brought attention to bottled water marketed as natural spring water. In this case, the plaintiffs claimed that the product contained microplastics, but again, the lawsuit was dismissed.
Global enforcement: Exported goods must meet destination country requirements, meaning a product compliant in one market may still face bans elsewhere. Staying updated on global regulations and legal issues is essential.
- Laundry and Dishwasher Detergent: The UK Advertising Standards Authority (ASA) recently ruled against OceanSaver Ltd., which claimed its cleaning products had “Zero Plastics. Zero Microplastics.” The ASA upheld the complaint, stating that the products were not free from plastics or microplastics, and required the company to pull their advertisements.
Key Takeaway
If your product contains, sheds, or produces microplastics, assume regulators and advocacy groups are watching. Transparency, compliance, and proactive risk assessment are no longer optional—they’re essential.
2. Proactive Compliance Strategies for Microplastic Risk
Avoiding litigation starts with knowing your materials and supply chain inside out.
Steps to Ensure Compliance
- Conduct a Material Audit
- Identify all plastic-based components—including coatings, adhesives, and finishes.
- Work with suppliers to determine whether these materials release microplastics over time.
- Stay Ahead of Legislation
- Monitor regulatory updates from agencies like the European Chemicals Agency (ECHA), EPA, and local state environmental departments.
- Subscribe to industry alerts so your compliance team can act before enforcement begins. Softly’s Green Claim Navigator can keep you up to date on legislation and litigation to keep you informed.
- Reformulate Products Where Possible
- Replace microplastic-heavy components with biodegradable or natural alternatives.
- Invest in R&D partnerships to explore bio-based polymers or recycled content that passes compliance checks.
- Document Every Step
- Keep thorough compliance records—auditors and courts respond favorably to documented due diligence.
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3. Labeling and Sustainability Claims: Avoiding Greenwashing Pitfalls
If microplastics are the what, then labeling and claims are the how—and where most companies get into trouble.
The Risk: Misleading or vague claims about “eco-friendly” or “microplastic-free” products are increasingly challenged under consumer protection laws. If you can’t prove it, don’t claim it.
Best Practices for Labeling
- Be Specific: Instead of “sustainable,” say “made from 100% recycled PET with no added microplastics.”
- Use Recognized Standards: Reference certifications such as OEKO-TEX® STeP standard and Nordic Swan Ecolabel.
- The OEKO-TEX® STeP standard requires certified facilities to identify and manage risks to minimize microplastic release during manufacturing.
- Nordic Swan Ecolabel bans intentionally added microplastics in its certified products.
- Microplasticfree.org conducts thorough bioassimilation testing to ensure certified products fully break down into basic elements through natural microbial action, leaving no microplastics behind.
- Avoid Absolutes: “Plastic-free” is risky if your packaging or product contains any polymer-based material.
Checklist for Legally Sound Sustainability Claims
✅ Back every claim with verifiable data.
✅ Use clear definitions of technical terms in consumer-facing materials.
✅ Regularly review marketing copy for compliance with the U.S. FTC Green Guides or EU Environmental Claims Directive.
4. Building a Microplastics-Responsible Supply Chain
Even the most compliant product design can fail if your suppliers aren’t aligned.
Why Supply Chain Matters
- Hidden microplastics can enter through raw materials, processing chemicals, or packaging components.
- A recent study from the Journal of Food Composition and Analysis has shown that glass bottles contain the highest levels of microplastics. Most of that contamination comes from the caps and the paint on the outside of those bottles.
- Supply chain partners can also be a liability if they misrepresent compliance.
Action Plan
- Supplier Agreements: Require written microplastics disclosures and compliance commitments.
- Audits and Testing: Periodically test raw materials and final products for microplastic shedding.
- Collaboration Over Punishment: Work with suppliers to identify and adopt sustainable alternatives, offering transition support where possible.
Bonus Benefit: A transparent supply chain not only reduces legal risk but also becomes a marketing differentiator in sustainability-conscious markets.
5. Turning Compliance into Brand Value
Microplastics compliance isn’t just about avoiding fines—it’s a chance to lead on sustainability and connect with a growing base of eco-conscious consumers.
Ways to Leverage Compliance for Marketing & PR
- Tell the Story: Publish blogs, videos, and social posts showing your journey to microplastic reduction.
- Engage in Advocacy: Partner with NGOs or participate in industry coalitions tackling microplastics.
- Educate Consumers: Provide transparency tools (like QR codes linking to sourcing and testing data) to build trust.
Conclusion: The Time to Act is Now
Microplastics are more than an environmental buzzword—they’re a business risk with real legal and reputational consequences. By understanding the regulations, auditing your supply chain, making honest claims, and investing in innovation, companies can avoid litigation while building stronger brands.
In a future where sustainability is increasingly a consumer expectation and regulatory requirement, proactive action is the best insurance policy.
Don’t wait for a lawsuit or new law to force your hand. Audit your materials, tighten your labeling, and invest in sustainable alternatives today. The payoff is not just compliance—it’s credibility, consumer loyalty, and long-term market relevance.
FAQs
FAQ 1: What are microplastics, and why are they a concern for businesses?
Microplastics are tiny plastic particles (less than 5 millimeters) that can be intentionally manufactured (primary microplastics) or result from the breakdown of larger plastics (secondary microplastics). They are an environmental hazard, and growing public concern has led to stricter regulations. For businesses, microplastics can pose legal risks, trigger lawsuits, and damage brand reputation if products are found to contain or release them.
FAQ 2: How can companies ensure compliance with microplastics regulations?
Businesses should start with a material audit to identify any components or coatings that could release microplastics. Staying updated on regulations from the EU, U.S. states, and other jurisdictions is critical. Proactive measures include reformulating products to use biodegradable or alternative materials, documenting compliance efforts, and working with third-party labs for testing and certification.
FAQ 3: What should brands consider when making “microplastics-free” or sustainability claims?
All claims should be clear, specific, and verifiable. Avoid vague language like “eco-friendly” without proof. Instead, provide measurable details (e.g., “made from 100% recycled PET and tested for microplastics content”). Follow guidelines like the FTC Green Guides in the U.S. or the EU’s Environmental Claims Directive to avoid greenwashing allegations.
FAQ 4: How can microplastics compliance become a competitive advantage?
Compliance can be more than risk management—it can drive brand differentiation. Companies that lead in removing microplastics and communicating their efforts transparently can strengthen customer trust, attract sustainability-minded consumers, and gain media attention. Sharing your microplastics-reduction journey through marketing and PR can turn compliance into a selling point.
References
- European Chemicals Agency (ECHA) – Microplastics Restrictions: https://echa.europa.eu/hot-topics/microplastics
- U.S. Environmental Protection Agency (EPA) – Microplastics Research: https://www.epa.gov/trash-free-waters/microplastics
- Federal Trade Commission – Green Guides: https://www.ftc.gov/news-events/topics/truth-advertising/green-guides
- United Nations Environment Programme (UNEP) – Plastic Pollution: https://www.unep.org/plastic-pollution
- OECD – Policies to Reduce Microplastics Pollution: https://www.oecd.org/environment
Information provided is for general purposes only and not legal advice; consult a qualified attorney for personalized guidance. Softly disclaims any liability for actions based on this information.