Federal judge allows defamation lawsuit against California attorney general over ExxonMobil remarks

"Bonta sued Exxon in September 2024, saying that the oil giant encouraged consumers to purchase plastics products with the promise that the products would be recycled. He said less than 5% of plastic is recycled into another plastic product, and that recycling processes touted by Exxon don't work. Exxon said the problem is with California's recycling system."

"The judge pointed to a campaign email Bonta sent to Texas residents saying that only 5% is recycled and the rest ends up in the environment and in our bodies: Exxon Mobil knew, and Exxon Mobil lied. Bonta, a Democrat, argued he was simply updating email recipients on his office's activities."

"Here, the contribution request betrays the email's true nature: a campaign promotion. Campaigning is not within Bonta's scope of employment, the judge wrote."

A Texas federal judge ruled that California Attorney General Rob Bonta cannot claim official immunity for statements made about ExxonMobil's plastic recycling practices. Bonta had sued Exxon in September 2024, claiming the company misled consumers by promoting plastic recycling when less than 5% of plastic is actually recycled into new products. Exxon countersued Bonta for defamation, alleging the statements harmed business contracts. Judge Michael Truncale dismissed the case against environmental groups but allowed it to proceed against Bonta individually. The judge determined that a campaign contribution link in Bonta's email to Texas residents transformed the communication into campaign activity rather than official government business, removing immunity protections. Bonta has filed a notice of appeal.

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