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California Sues Three Plastic Bag Makers Over Misleading Recycling Claims

California has taken legal action against three major plastic bag manufacturers while simultaneously reaching settlements with four others following an extensive investigation into deceptive recycling claims, state officials announced Friday.

Attorney General Rob Bonta filed a lawsuit against Novolex Holdings LLC, Inteplast Group Corp, and Mettler Packaging LLC for allegedly violating California’s Environmental Marketing Claims Act, False Advertising Law, and Unfair Competition Law. The suit alleges these companies misled consumers with false assertions that their plastic bags were recyclable.

“The consequences of these violations are severe: Billions of plastic carryout bags end up in landfills, incinerators, and the environment instead of being recycled as the bags proclaim,” Bonta said in a statement. “Our legal actions today make it clear: No corporation is above the law.”

Alongside the lawsuit, Bonta announced settlements with four other plastic bag producers: Revolution Sustainable Solutions LLC, Metro Poly Corp, PreZero US Packaging LLC, and Advance Polybag, Inc. The settlements require these companies to cease selling plastic bags in California and pay a combined $1.8 million to the state.

The legal proceedings come nearly three years after Bonta launched an investigation requesting evidence from manufacturers to substantiate their recyclability claims. That inquiry was prompted by the California Statewide Commission on Recycling Markets and Curbside Recycling, which had urged the attorney general and CalRecycle to address what it identified as illegal labeling practices undermining California’s plastic pollution initiatives.

The controversy centers on what environmental advocates describe as a significant loophole in California’s 2017 ban on single-use shopping bags. The legislation prohibited thin single-use bags but allowed retailers to sell thicker “reusable” plastic bags for a minimum of 10 cents each, provided these bags could be recycled in California. Critics argue this exception has been exploited by manufacturers making unsubstantiated recycling claims.

The case highlights broader challenges in plastic recycling across the United States. Despite widespread consumer belief that plastic bags and film can be recycled, industry experts note that most municipal recycling programs cannot process these materials. Even when collected separately, much of this plastic lacks viable recycling markets.

A December 2021 image from Laguna Niguel, California, featured in the case documentation, shows accumulated “reusable” plastic bags and unrecyclable film packaging from Southern California stores and retailers – visual evidence of the recycling system’s limitations for these products.

California’s approach represents one of the most aggressive state-level actions against deceptive environmental marketing in the plastics industry. The state has previously led the nation in implementing regulations to combat plastic pollution, including being the first state to ban single-use plastic bags.

Environmental advocates have praised the attorney general’s action while calling for further measures to address plastic pollution. They argue that producer responsibility must be expanded beyond truthful labeling to include the entire lifecycle of plastic products.

For consumers, the case underscores the importance of scrutinizing environmental claims on product packaging. Recycling experts recommend focusing on reducing plastic use altogether rather than relying on recycling as the primary solution to plastic waste.

The companies facing litigation have not yet publicly responded to the allegations, though the case is expected to draw significant attention from the plastics industry nationwide as other states consider similar enforcement actions.

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6 Comments

  1. Michael Johnson on

    The problem of plastic bag waste is a complex one, but these lawsuits seem like an important step in addressing the issue. I’m curious to see what other measures California takes to improve plastic recycling and reduce waste.

    • Elizabeth Rodriguez on

      Yes, it will be interesting to follow the outcomes of these cases and how they might influence regulations and consumer awareness around plastic recyclability claims.

  2. Misleading recycling claims from plastic bag manufacturers are a serious issue. I’m glad to see California taking legal action to hold these companies accountable for deceptive practices that harm the environment.

    • Absolutely, these companies need to be transparent about the recyclability of their products. Consumers deserve accurate information to make responsible choices.

  3. While the recycling claims may have been misleading, I wonder if there are also challenges with the actual recycling infrastructure that need to be addressed. Improving the overall system could help ensure plastic bags are truly recyclable.

    • That’s a good point. Addressing the broader recycling infrastructure challenges could be crucial in ensuring plastic bags are properly recycled, not just the claims made about them.

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