The concept of “microplastics” became popular in 2004 after a marine biologist revealed widespread plastic particles in marine environments, sediment and wildlife. That observation shifted the way the world perceived pollutants from “visible litter” to “invisible contamination.” Since then, addressing microplastic waste has been a hot topic in sustainability and environmental discussions, while legal risks for corporations have been quietly building in the background. Fast-forward to this week, Netflix released a documentary, The Plastic Detox, that highlights numerous potential human health impacts of microplastics. The film is likely to heighten consumer and legislative awareness, thereby increasing potential legal exposure that companies already face.
Legislative and Litigation Background:
Currently, legislation in the United States that addresses microplastics remains fragmented and the legal framework is struggling to keep pace with the rapidly emerging environmental and public health concern. At the federal level, Congress passed the Microbead-Free Waters Act in 2015 which targets only a narrow category of intentionally added microplastics in cosmetics. Newer proposals, like the Microplastics Safety Act (2025), signal a shift toward studying human exposure, although that bill has currently lost steam.
In contrast, individual states have taken a more active but disjointed approach. For example, early adopters such as California and New York enacted their own microbead bans and are now experimenting with monitoring programs and broader chemical regulation, while many other states have focused on indirect measures like banning polystyrene and single-use plastics that degrade into microplastics. The result is a patchwork system making it difficult for companies to assess risk and potentially adjust product formulation.
From a litigation standpoint, the number of microplastic claims are continuing to increase and the specific theories vary from environmental nuisance claims to consumer protection claims. For example, the City of Baltimore has taken a sweeping “public nuisance” approach against companies like PepsiCo and The Coca-Cola Company, seeking to hold producers financially responsible for the downstream impacts of single-use plastics and alleged misrepresentations about recycling. Meanwhile, the State of New York has targeted PepsiCo individually, tying branded packaging directly to pollution in waterways such as the Buffalo River and combining environmental and consumer protection claims. Companies are also being targeted for false and misleading advertising in combination with traditional product liability tort claims as seen in Cortez v. Handi-Craft Co., Inc. (N.D. Cal. 2025) the class plaintiffs alleged that defendant’s baby bottles released microplastics during normal use posing potential health risks to infants. They further claimed the manufacturer failed to disclose these risks and misled consumers through safety-focused labeling such as “BPA-free” and similar assurances.
The Plastic Detox and Why This Matters for Cosmetic and Personal Care Brands:
If growing legislative and litigation pressure hasn’t yet captured corporate attention, this new documentary likely will. The Plastic Detox is a new 2026 Netflix documentary that investigates the pervasive presence of plastics and microplastics in everyday life and explores its potential health impacts, especially on fertility and hormone function. While this isn’t the first time Netflix has released a documentary on an emerging environmental topic[1], this one is likely to resonate with a broader audience.
While the primary focus of The Plastic Detox revolves around six couples experiencing infertility with no scientific reasoning, the film features many scientists and epidemiologists who hammer home the hazards of, what they describe as, the “epidemic” that is microplastics. One of the key product categories featured in the film was cosmetic and personal care products. These products could be considered “low hanging fruit” in civil litigation for personal injury from microplastics, as they are often applied directly to the body daily and often formulated with plastic derived ingredients. It would be no surprise if these products were the first to go to bat in personal injury microplastic litigation.
Medical Monitoring:
The Plastic Detox illustrates how everyday exposure to chemicals from plastics can impact health while showing participants tracking biomarkers and adjusting their habits in an attempt to reduce risk. This real-world example mirrors the goals of class action medical monitoring, where courts order ongoing health testing for communities exposed to toxic substances to detect early effects and guide preventative care. It is very likely that when the personal injury claims start to make their way into the courtroom, medical monitoring will be sought after. These claims should not be taken lightly, given the substantial costs involved in establishing such programs, as well as the individual health tracking, which can vary significantly depending on the size of the class.
One final note on medical monitoring is that jurisdiction matters, as states have their own interpretations and standards for these claims. For example, some jurisdictions hold that a standard medical monitoring claim requires that a plaintiff demonstrate that a defendant’s negligence causes the plaintiff to be exposed to a proven hazardous substance that resulted in a significantly increased risk of contracting a serious latent disease. M.G. v. A. I. Dupont Hosp. for Children (3d Cir. 2010). Others require that the defendant’s negligence caused the plaintiff to become exposed to a hazardous substance that produced, at least, subcellular changes that substantially increased the risk of serious disease, illness, or injury. Ryan v. Newark Grp., Inc. (D. Mass. Dec. 30, 2025).
CMBG3 Law follows all judicial, legislative, administrative, and scientific developments relating to microplastics. More information about the services we can provide, including litigation defense, compliance and risk assessments, to ensure your business is ready for any intersection with these substances, contact CMBG3 Law and our environmental team.
[1] Netflix released The Devil We Know in 2018 which investigated the widespread presence of PFAS. The film primarily focused on the residents of Parkersburg, West Virginia and their relationship with DuPont.
