7-Eleven class action over recycling marketing partially dismissed

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7-Eleven recyclable products class action overview: 

• Who: An Illinois federal judge has dismissed some claims against 7-Eleven over its marketing of “recyclable” products.
• Why: The judge has ruled that the products can be advertised as recyclable, even if most centers in the country cannot recycle them. 
• Where: The 7-Eleven class action is being heard in an Illinois federal court. 

7-Eleven is not deceiving consumers by advertising products as recyclable, even if most centers in the country are not equipped to recycle them, an Illinois federal judge has ruled, while dismissing part of a class action against the retailer.

In an order filed Sept. 14 in an Illinois federal court, U.S. District Judge Steven C. Seeger dismissed part of a class action lawsuit lodged against 7-Eleven Inc. by plaintiff Devon Curtis. 

The lawsuit took aim at certain disposable plates and cups sold by the store, alleging it was wrong to label them as “recyclable” when most recycling centers in the country won’t currently recycle them.

However, Judge Seeger disagreed with the plaintiff’s argument as to the definition of the word “recyclable.” 

“‘Recyclable’ means ‘can be recycled,'” Judge Seeger wrote. “It does not mean ‘will be recycled.’ It does not mean ‘probably will be recycled.’ It does not mean ‘easy to recycle.’ It does not mean ‘destined for a new life through recycling at a nearby, economically prosperous facility near the place of purchase.'”

7-Eleven’s products not equipped for recycling, lawsuit alleges

Curtis alleges that 7-Eleven deceived customers by marking certain disposable products from its “24/7 Life” brand as recyclable when they are not. 

The plastic and foam products could not be recycled because they are made from materials that most recycling centers are not equipped or choose not to recycle, she says. Meanwhile, some 24/7 products are missing the labels that recycling centers need to sort plastics by type of material.

While the claims based on the definition of recycling were dismissed, the other claims can move ahead, Judge Seeger ruled.

The news comes as 7-Eleven faces a class action lawsuit alleging it misleads consumers and sells JUUL E-Cigarettes as a “safer or at least comparable” alternative to cigarettes. 

In April, 7-Eleven was hit with another class action alleging it uses facial recognition technology to collect and store the biometric data of its customers without their consent. 

What do you think of the ruling in this 7-Eleven class action lawsuit? Let us know your thoughts in the comments! 

The plaintiff is represented by Eugene Y Turin, Andrew T. Heldut and Colin Primo Buscarini of McGuire Law PC.

The 7-Eleven recyclable products class action lawsuit is Curtis v. 7-Eleven Inc., Case No. 1:21-cv-06079, in the U.S. District Court for the Northern District of Illinois. 

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