Chinet Disposable Plates Leach Toxins, Class Action Lawsuit Says

A California woman says certain Chinet disposable plates advertised as “eco-friendly” contain “forever chemicals” that do not break down and can leach into the soil and water.

Lead plaintiff Velma Hernandez claims she and other consumers paid more for the eco-friendly Chinet disposable plates because of representations that they were compostable; however, the plates allegedly contain perfluoroalkyl and polyfluoroalkyl substances (PFAS).

According to the complaint, PFAS chemicals do not break down over time. Instead, they contaminate surrounding soil and water and can get into crops grown in the soil and be passed on to animals that eat those crops, the plaintiff says.

The class action lawsuit alleges the manufacturer falsely advertises the product as compostable under California’s Green Guides, which mandate that compostable products must “break down into, or otherwise become part of, useable compost (e.g. soil-conditioning material, mulch) in a safe and timely manner (i.e., in approximately the same time as the materials with which it is composted) in an appropriate composting facility, or in a home compost pile or device.”

Hernandez says she regularly purchases compostable products when they are available, along with recyclable and reusable items. She claims she purchased Chinet disposable plates and bowls advertised as eco-friendly based on representations that they were compostable. She says the manufacturer, Huhtamaki Inc., misrepresented the product and failed to inform her and other consumers about significant amounts of PFAS present.

“Many consumers concerned with the environmental problems associated with the proliferation of trash and waste actively seek to purchase products that are compostable so such products can be introduced into the soil rather than into landfills,” the class action lawsuit states. “These consumers are willing to pay more for such products, which often cost significantly more than non-compostable alternative products. Indeed, the Products cost significantly more than non-compostable disposable plates and bowls.”

According to the class action lawsuit, Chinet disposable plates are marketed as compostable. The plaintiff points out a green leaf with the words “eco-friendly” is included on the packaging. In addition, the manufacturer includes the following statement on the products’ packaging; “made from RECYCLED MATERIAL AND COMPOSTABLE.”

The plaintiff says she and other consumers have no way of knowing from the product’s packaging that the items contain PFAS.

PFAS, the complaint says, may cause serious health problems, according to recent research and items containing the chemicals may cause contamination of nearby soil and water, making them unsuitable for compost.

The complaint notes PFAS were developed to create grease-resistant pots and pans and are also used in paper plates, bowls and other food storage containers because of PFAS’ ability to resist oil and water. However, scientist have revealed concerning health effects of PFAS, the plaintiff says.

The class action lawsuit points to a recent study on PFAS that showed the chemicals can cause liver damage in animals.

Additionally, scientists allegedly discovered that PFAS mimics a powerful hormone, estrogen, potentially affecting human health.

“There is evidence that exposure to PFAS can lead to a number of adverse health effects, including, but not limited to reproductive and developmental, liver and kidney and immunological effects in laboratory animals,” the complaint states. “The most consistent findings from human epidemiology studies are related to infant birth weights, effects on the immune system, cancer and thyroid hormone disruption.”

The plaintiff says Huhtamaki’s false advertising of Chinet disposable dishes encourages consumers to toss them into their compost bins and piles after use, potentially contaminating them and the surrounding soil and water with PFAS.

In addition, the complaint alleges, consumers may put these products with other materials destined to become soil fertilizer for crops, further contaminating food sources.

The class action lawsuit seeks to represent California residents who purchased Chinet disposable dishes that were advertised as “compostable.”

The plaintiff accuses Huhtamaki of violating California laws concerning environmental marketing, as well as consumer protection and business laws, breach of warranty and fraud.

The class action lawsuit is seeking damages, as well as a court order stopping the alleged false advertising of the product and compelling Huhtamaki to disgorge any profit from the sale of so-called eco-friendly Chinet dishes.

Have you purchased Chinet disposable plates or bowls that were advertised as compostable? What do you think of the class action lawsuit claims? Tell us in the comment section below.

The lead plaintiff and proposed Class Members are represented by Mark N. Todzo and Meredyth Merrow of Lexington Law Group.

The Chinet Disposable Plates PFAS Class Action Lawsuit is Velma Hernandez v. Huhtamaki Inc., Case No. 3:20-cv-08155, in the U.S. District Court for the Northern District of California, San Francisco Division.

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