We may be in the midst of a federal deregulatory environment, but that isn’t stopping states from enforcing against greenwashing. The Arizona Attorney General recently announced a new lawsuit against trash bag brand Hefty, alleging the company misled consumers by marketing its products as “recyclable” when they were not. The Complaint summarizes the allegations, stating:
“Defendant Reynolds knew that consumers were producing less trash and buying fewer kitchen garbage bags, in part due to higher levels of recycling, and between 2010 and 2020 created their “Recycling” line of products in response. Defendant Reynolds deceptively marketed its “Recycling,” “Clear,” and “Blue” bags as both recyclable and for use when bagging recyclables for curbside programs, knowing that the bags were not recyclable and would likely render the contents un-recyclable due to the plastic bag’s adverse effects for recycling centers—promoting a feature that the products are incapable of possessing.”
Plastic recycling has always been something of a myth. While recycling plants do exist, and some materials can be recycled, most plants only have the capacity to recycle specific types of plastic that have been carefully cleaned and prepared. Even if Hefty’s bags are recyclable at some newer chemical recycling plants, claiming a product is “recyclable” implies that it is widely accepted at recycling facilities where it is sold. So even if Hefty’s claims are technically true, Arizona could prevail in this consumer protection litigation.
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