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In late 2022, California Attorney General Rob Bonta launched an investigation into whether the "recyclable" claims made by a number of makers of reusable plastic bags were truthful. At the time, the AG sent demand letters requiring the companies to substantiate their claims that their plastic bags are, in fact, recyclable.
In a settlement announced earlier this month, the AG entered into settlements with Revolution Sustainable Solutions, Metro Poly Corp, PreZero US Packaging, and Advance Polybag, resolving allegations that the companies violated California law by promoting their plastic bags as "recyclable" when they were not recyclable. As part of the settlement, the companies together agreed to pay more than $1.7 million.
The AG argued that the companies' "recyclable" claims were false because reusable plastic bags are not generally accepted in curbside recycling programs. In addition, the AG alleged that stores hadn't generally implemented comprehensive take-back programs to collect the the reusable bags for recycling, and that, when these bags were actually collected by the stores, they were not generally recycled. The AG explained, "There is no robust market for postconsumer plastic carryout bags anywhere in the United States, and few plastic film recyclers in California can process more than a modicum of plastic carryout bags for recycling."
In announcing the settlement, Bonta said, "At the California Department of Justice, we have been unwavering in our commitment to exposing illegal actions at the root of the plastic pollution crisis — not just the environmental harm, but corporate legal violations driving it. Through our investigation, we are bringing to light how powerful companies have broken the law and prioritized profits over our environment. The consequences of these violations are severe: Billions of plastic carryout bags end up in landfills, incinerators, and theenvironment instead of being recycled as the bags proclaim. Our legal actions today make it clear: No corporation is above the law."
The AG also announced lawsuits against three other plastic bag manufacturers arising out of their recyclable claims.
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