Microplastics are already in our water, our food, and our air—and now they are entering the courtroom. The legal landscape is always shifting, and for claims professionals, staying ahead of the curve is essential. Microplastics litigation is in its earliest stages, with current cases focused largely on “deceptive labeling” claims in the bottled water industry. Suits against Ice Mountain and The Wonderful Company (Fiji Water) allege that the presence of microplastics renders “spring water” labels misleading. While these disputes are notable, they represent only the initial phase of what could become a far broader liability environment.
Past experience with complex environmental and product liability matters, from asbestos to PFAS, suggests a familiar trajectory: Early cases tend to target a narrow range of products or dischargers. As detection capabilities improve and scientific research develops, the scope of claims often widens to encompass additional industries and theories of liability.
WHY BOTTLED WATER IS ONLY THE BEGINNING
Microplastics are not confined to a single source or product. They originate from a variety of commodities, including synthetic clothing fibers, legacy microbeads in personal care products, and the gradual breakdown of larger plastic items. Once released, they move through wastewater systems, agricultural soils, industrial processes, and the broader environment.
This broad distribution makes microplastics different from many traditional pollutants. Litigation is unlikely to be limited to a small number of identifiable sources; instead, potential claims could involve multiple sectors and product categories.
A FAMILIAR PATTERN: LESSONS FROM PFAS
The development of PFAS litigation illustrates how quickly the scope of liability can expand. A decade ago, claims were largely confined to industrial discharges and firefighting foams. Over time, lawsuits began targeting consumer products such as food packaging, textiles, and cosmetics; and even “PFAS-free” label representations.
Microplastics litigation may follow a similar path, but with one notable difference: microplastics are easier for the general public to visualize and understand. People can picture tiny plastic particles in water, food, or clothing fibers in a way that makes the risk feel tangible. By contrast, PFAS are complex chemical compounds that require significant explanation, and plaintiffs’ attorneys have leaned heavily on the “forever chemicals” label as a shorthand to help tell the story. Microplastics require less translation, which can make it easier to craft persuasive narratives for judges, juries, and the media.
This clarity of narrative could accelerate the expansion of claims beyond bottled water, opening the door to suits involving apparel, packaging, agricultural practices, and other sectors as science, regulation, and public concern continue to develop.
POTENTIAL FUTURE FRONTIERS
The bottled water cases represent only a fraction of the potential litigation landscape. Given how widely microplastics are produced, used, and dispersed, future claims could emerge across multiple industries:
Apparel and Textiles. Synthetic fabrics such as polyester, nylon, and acrylic shed microfibers with each wash, releasing particles into wastewater and, ultimately, the environment. If links to human health or environmental harm become more firmly established, potential claims could include design defect, failure to warn, or consumer fraud class actions.
Cosmetics and Personal Care Products. Although microbeads in rinse-off products are largely banned, microplastics may still be present in other forms, either intentionally added or introduced through packaging degradation. Products marketed as “natural” or “clean” could be challenged if contamination is detected.
Wastewater Treatment Facilities. Treatment plants can be both capture points and release points for microplastics, discharging particles through effluent or biosolids applied to land. As scrutiny increases, facilities could face contamination suits or citizen actions over removal effectiveness.
Agriculture.
Microplastics can enter agricultural soils through biosolids, plastic mulches, and certain pesticide coatings. Potential claims might allege property damage from soil contamination or food contamination if uptake by crops is demonstrated.
Food Packaging and Processing.
Beyond bottled water, migration of microplastics from containers, wraps, or processing equipment into food could generate liability risks. Recent suits against Ziploc and Rubbermaid over alleged shedding from “microwave safe” and “freezer safe” products point to growing litigation interest in this area.
ANTICIPATING AND MITIGATING RISK
History suggests that litigation involving emerging contaminants is shaped by the pace of scientific research, regulatory change, and public perception. For microplastics, each of these factors is in flux. Companies in potentially affected sectors may benefit from:
• Tracking scientific literature and detection capabilities to anticipate future causation arguments.
• Engaging with experts to assess potential exposure pathways.
• Reviewing product design, labeling, and marketing claims for accuracy and defensibility.
• Evaluating supply chains for materials or processes that could contribute to microplastic release.
• Tracking state and federal regulations on use and disposal of plastics.
Proactive measures can reduce litigation risk and position organizations to respond effectively if claims arise.
THE ROAD AHEAD
The bottled water lawsuits are an early indication of how microplastics concerns may translate into legal claims. The breadth of potential sources and pathways suggests that litigation could eventually extend to multiple industries. Observing how similar environmental liability issues have evolved offers valuable insight into where the next disputes may emerge and how they might be addressed.
About the Authors:
Joshua Ferguson is an attorney at Freeman Mathis & Gary, LLP. jferguson@fmglaw.com
Kevin Ringel is a partner at Freeman Mathis & Gary, LLP. kevin.ringel@fmglaw.com
Noel Couch is an attorney at Freeman Mathis & Gary, LLP. ncouch@fmglaw.com