On Wednesday, lawyers for Walmart asked US District Judge Maxine Chesney to dismiss Greenpeace’s renewed complaint, arguing that the environmental group has again failed to demonstrate that it has suffered any harm from the retailer’s alleged deception.
The lawsuit comes as part of a series of cases claiming single-use plastic products are marketed as recyclable when, in reality, they are not due to the limited capacity of recycling facilities in the US.
Greenpeace first sued Walmart over its allegedly deceptive labelling back in December. In September, Bentonville Walmart convinced Judge Chesney to abandon its complaint for lack of standing. However, Chesney said that Greenpeace could amend its claim, which the environmental charity chose to do last month.
In a press release, Walmart said that Greenpeace was “trying to get a second bite at the apple by rewording its allegations.”