California settles lawsuit over false recyclability claims on plastic bags

The California Department of Justice (DOJ), US, has settled a three-year investigation into Revolution Sustainable Solutions, Metro Poly, PreZero US Packaging, and Advance Polybag for false recyclability claims and the sale of non-recyclable plastic bags in the state of California. 

The four packaging manufacturers previously sold plastic bags certified to meet recyclability requirements, as required by state law SB 270. However, the California DOJ found these are not recyclable in any recycling stream.

As part of the settlement, the companies have agreed to stop selling plastic bags in California and collectively pay US$1,753,000, which includes US$1,115,750 in civil penalties and US$636,250 in legal fees.

Following this settlement, the Attorney General of California, Rob Bonta, announced a lawsuit against Novolex Holdings, Inteplast Group, and Mettler Packaging, alleging they are misleading consumers about the recyclability of plastic bags.

Packaging Insights speaks to a spokesperson from the State of California DOJ about the settlement and its continued push for recycling transparency. 

Enforcing compliance

In a statement, Bonta explains that because of the “corporate violations, billions of plastic bags ended up in landfills, incinerators, and the environment, instead of being recycled as the bags proclaim.”

The California DOJ spokesperson adds: “With respect to SB 270, compliance requires that producers stop selling plastic grocery bags because they are not recyclable in the State of California. The settlements (which still must be approved by the court) include mechanisms to ensure they follow through.”

The sued packaging companies have agreed to stop selling plastic bags in California and collectively pay US$1,753,000.In the investigation, the California DOJ says the producers were unable to provide any documents or evidence about the amount of plastic bags recycled at their own facilities or other recycling plants. 

False recyclability claims

In November 2022, Bonta launched an investigation into the recyclability claims of plastic bag producers. The California DOJ issued subpoenas to the producers. The proceedings found that the four producers’ bags were not recyclable in California despite their labeling claims. 

“We hope it [the settlement] sends a signal that companies doing business in California need to know what standards their products must meet before they can make certain claims about the products’ environmental attributes,” says the spokesperson.

The investigation also included a survey to verify whether recycling facilities accept plastic bags for recycling. Out of the 69 facilities surveyed, only two claimed to accept plastic bags, but could not confirm that the bags were recycled.

After assessing the evidence — or lack thereof — the DOJ concluded that the majority of facilities in California do not accept plastic bags or process them for recycling.

Preventing consumer confusion

The spokesperson says Bonta uses his position to enforce laws against misleading the public about plastic items’ recyclability, preventing further consumer confusion and ensuring compliance. 

California is increasing public education on plastic recycling to reduce consumer confusion.The spokesperson says: “In addition to enforcement actions against companies that deceive the public, we are working to ensure that Californians are aware of the dismal state of plastics recycling — not just bags, but all plastics.” 

“As California’s top law enforcement officer, Attorney General Bonta uses the tools at his disposal to hold violators accountable for greenwashing and ensure they adhere to environmental laws. Those efforts deter deceptive corporate practices and help consumers avoid being misled by false sustainability claims.”

Previously, Bonta sued ExxonMobil for misleading the public about the recyclability of plastic products and continues to investigate the fossil fuel and petrochemical industry.

Recently, ClientEarth accused Nestlé Poland of greenwashing over “misleading” recycling slogans on its Polish bottled water brand.