Jessy Edwards  |  May 10, 2021

Category: Food

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Hefty recycling bags aren't recyclable, a class action lawsuit claims.
(Photo Credit: Syda_Productions/DepositPhotos.com)

Hefty is taking advantage of consumers’ desire to buy environmentally-friendly products, but doesn’t disclose its recycling bags are bad for the planet and can’t be recycled, a new class action lawsuit alleges.

Plaintiff Lisabeth Hanscom filed the class action lawsuit against Hefty manufacturer Reynolds Consumer Products Inc. and Reynolds Consumer Products LLC in a California federal court Friday. 

She alleges the companies have taken part in unlawful, unfair, and deceptive business practices with respect to the advertising, marketing, and sale of their Hefty brand recycling bags. 

Hanscom says, with more people becoming aware of the problems associated with plastic pollution, many consumers are actively seeking to buy products that are either compostable or recyclable.

She alleges that, wanting to take advantage of this consumer demand, the defendants market the Hefty plastic trash bags as “recycling” bags. 

The brand explains on the back of the label that “Hefty Recycling Bags are Perfect For All Your Recycling Needs” as well as including marketing stating that the bags “make it easy to sort your recyclables and avoid the landfill,” the claim states. 

“Reasonable consumers understand this to mean that the Products are suitable for disposing of recyclable waste and are, in fact, recyclable,” the class action says.

“In truth, the Hefty bags contaminate the recyclable waste stream, decrease the recyclability of otherwise recyclable materials, and are not recyclable because they are made from low-density polyethylene plastic.”

Recyclable waste is sorted and sold to facilities that can process the material into clean material that can be sold and used to make new plastic items, the claim states.

However, it is not cost effective to process the Hefty plastic bags domestically, and in recent years, the foreign market for that type of plastic has all but been eliminated, the class action alleges. 

“As a result, products made of LDPE plastic end up incinerated, in landfills or in the environment.”

Hanscom alleges the companies know its products typically end up in landfills or incinerated and are a contaminant unsuitable for recycling, so its representations that the bags are “recycling” bags are “material, false, misleading and likely to deceive members of the public.”

She is seeking to represent any California consumer who bought the bags, and is asking for an injunction stopping the sale of the bags unless the marketing is changed, as well as damages, interest, fees, costs and a jury trial.

The class action is brought under California consumer and business laws, for fraud, deceit or misrepresentation, and for “greenwashing” under the California Environmental Marketing Claims Act.

Meanwhile, a federal judge in California has certified a Class of Keurig K-Cup buyers who allege that Keurig Green Mountain falsely labels its pods as recyclable. Late last year, U.S. District Judge Haywood S. Gilliam Jr. found that the case met all requirements needed in order for a Class to be established. 

What do you think about the allegations that Hefty recycling bags can’t be recycled, and clog up the recycling process? Let us know in the comments! 

The plaintiff is represented by Seth A. Safier and Marie Mccrary of Gutride Safier LLP.

The Hefty Recycling Bags Class Action Lawsuit is Lisabeth Hanscom et al., v. Reynolds Consumer Products Inc. and Reynolds Consumer Products LLC, Case No. 4:21-cv-03434, in the U.S. District Court Northern District of California.


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189 thoughts onHefty ‘Greenwashing’ in Marketing of Recycling Bags That Aren’t Recyclable, Class Action Alleges

  1. Elizabeth Landon says:

    Please add me, too.

    1. Patty Dunajski says:

      Please include me

  2. HELEN YUAN says:

    pls include me

  3. Teresa Weymouth says:

    Please include me

  4. Michele Otten says:

    Every Hefty bag I know of went into the regular garbage. False advertising.

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