SEC Charges Coffee Pod Co. Over Recyclability Claims

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On September 10, the SEC charged Keurig with making inaccurate statements regarding the recyclability of K-Cups.

According to the SEC’s order, in annual reports for fiscal years 2019 and 2020, Keurig stated that its testing with recycling facilities “validate[d] that [K-Cup pods] can be effectively recycled.”

The company failed to disclose that two of the largest U.S. recycling companies had expressed significant concerns about the commercial feasibility of recycling of K-Cups at that time and indicated that they would not accept them for recycling. The SEC notes that environmental concerns were a significant factor for consumers considering Keurig products. To settle the SEC's charges, Keurig agreed to pay a $1.5 million civil penalty.  

As a reminder, the SEC continues to focus on greenwashing. Companies should carefully any environmental disclosure in their public filings for accuracy.  

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

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