In a bid to take action on deceptive advertising of plastic products, Minnesota Attorney General Keith Ellison has filed a lawsuit in Hennepin County District Court against Walmart and Reynolds Consumer Products over their marketing of Hefty’s “recycling” bags. According to the lawsuit, these bags are made from a film of plastic that cannot be recycled and claiming that they are recyclable is false advertising. The lawsuit argues that these “recycling” bags raise costs for taxpayers, undermine recycling efforts, and create more unrecyclable waste.
When these bags are used for recycling and placed into the system with other recyclables, they can cause damage to machinery, slow operations, and even cause fires, leading workers to have to remove them by hand. The bags are also harmful to the recycling process because typical recycling plants have to remove them manually, which adds to processing costs. Furthermore, if they are used for carrying loose items, the bags pose a significant threat to wildlife.
The Minnesota Attorney General’s Office has alleged that Reynolds and Walmart are misleading customers about the recyclability of the bags by promoting them as environmentally friendly, while their product’s design compromises the recycling process. Last year, Connecticut sued Reynolds Consumer Products over the same issue, and Walmart has faced a class-action lawsuit for such deceptive marketing practices.
Ellison’s lawsuit seeks to disgorge the firms’ profits back to Minnesota. Walmart and Reynolds chose not to respond directly to the lawsuit. Walmart said that it relies on its suppliers to adhere to labeling requirements for its products, while Reynolds stated that they cannot comment on pending litigation.
The lawsuit is part of a larger push to eliminate plastic waste, and Minnesota became the first state to ban certain household cleaning products from using microbeads, a type of plastic commonly found in personal care products, in 2015. Other states, including New York and California, have introduced laws to ban plastic bags or impose fees for their use.
As the pandemic drives consumers into big-box retailers, there is a growing demand for more sustainable products, leaving retailers grappling with misleading advertising cases. Recently, Ellison filed similar lawsuits against other major retailers, including Dollar General, Dollar Tree, and Family Dollar, alleging they sold deceptive and illegal packaging.
In conclusion, consumers expect brands to be more transparent when it comes to advertising and marketing claims, and businesses must play an active role in addressing the plastic crisis. The rise of lawsuits against companies for deceptive advertising of plastic products underscores the need for regulations in the industry to ensure that businesses operate truthfully, and ultimately reduce the environmental impact of our daily lives.
