Last September, I wrote about a lawsuit brought by the Arizona Attorney General against Reynolds, the company that makes “Hefty” garbage bags. In that suit, the Arizona AG argued that consumers were misled by Hefty products marketed as “recyclable.” Now, Reynolds and the Arizona AG have reached a settlement agreement. The AG summarizes the settlement’s terms in a press release, stating:
“Under the Consent Judgment, Reynolds is prohibited from selling ‘recycling’ bags unless they are accepted for recycling at a substantial majority of Arizona recycling facilities. Reynolds must also redesign the packaging of its transparent clear and blue bags to remove any misleading images implying the bags can be used for curbside pickup or placed in municipal recycling bins, as shown below and in Exhibit A to the Consent Judgment. This redesign will be implemented nationwide and will include removing recyclable contents from images of the clear or blue bags and clearly stating on the packaging: ‘These Bags Are Not Recyclable.’ Reynolds will also pay $30,000 in restitution, $157,000 in a payment to the state, and $25,000 in costs and attorneys’ fees.”
These figures are minuscule for a company like Reynolds, but the big win for the Arizona AG is the labeling change. Reynolds is unlikely to make packaging specifically for its products sold in Arizona. This means the new “These Bags Are Not Recyclable” language will likely appear nationwide. It’s important to remember that the validity of Recycling claims doesn’t hinge on the product’s ability to be recycled in ideal circumstances. Instead, it depends on whether the product is recyclable at scale after use in the state where it is sold.
Our members can learn more about recycling here.
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