Kroger Class Action Says Disposable Plates Contain Toxic Materials

A recent class action lawsuit claims that Kroger sells disposable plates and bowls that contain toxic PFAS chemicals in its grocery retail stores operating under Kroger, Ralphs, Dillons and other brands.

Plaintiff David Ambrose recently took legal action against Kroger, claiming that he was deceived by Kroger’s representations that their disposable plates and bowls were compostable.

Based on these representations, Ambrose allegedly purchased the products around twice a month between 2017 and March 2020.

The Kroger class action lawsuit says representations that the disposable dinnerware is compostable are false. Ambrose argues the plates and bowls are not compostable due to the presence of PFAS chemicals.

Perfluoroalkyl and polyfluoroalkyl substances (PFAS) were first introduced in the 1940s with the development of prominent products such as Teflon and Scotchgard. Although these water resistant chemicals became popular in food packaging, commercial household products, workplace items, and other uses, PFAS chemicals were later phased out of use due to concerns of contamination.

According to the U.S. Environmental Protection Agency (EPA), there is evidence that PFAS chemicals do not break down in the environment or in the human body – earning them the nickname of “forever chemicals.”

This persistence is reportedly made even more harmful by the negative health effects associated with PFAS chemicals. The forever chemicals can reportedly cause reproductive, developmental, liver, kidney, and immunological effects including:

• High cholesterol levels
• Low infant birth weights
• Immune system problems
• Thyroid hormone disruption
• Cancer
• And more

Ambrose’s recent Kroger class action lawsuit argues that, due to the presence of PFAS chemicals in the disposable dinnerware, the plates and bowls are unable to be composted as advertised. The plaintiff reportedly sent a letter to Kroger in April informing them of their unlawful misrepresentations.

“Defendant advertises, markets and sells its Products as compostable, yet the Products contain PFAS, highly persistent synthetic fluorinated chemicals which have been associated with cancer, developmental toxicity, immunotoxicity and other health effects,” the Kroger class action lawsuit contends.

With an ongoing trend of consumers becoming more environmentally conscious, demand has increased for biodegradable and compostable foodware. Companies such as Kroger have reportedly responded to this demand by marketing their products as compostable. However, Ambrose argues that these representations are false and misleading to consumers.

According to the Kroger class action lawsuit, Ambrose and other consumers would not have purchased the products if they were aware that they were not actually compostable. Even if they had known that the compostable representations were false, consumers allegedly would have been willing to pay less for the products.

“Had Plaintiff known that the Products contained PFAs chemicals, and thus could not break down in an industrial composting facility, he would not have purchased the Products,” the Kroger class action lawsuit argues.

“Instead, he paid considerably more for the Products than he would have for similar products that are not advertised as compostable.”

According to the Kroger class action lawsuit, the misrepresentations by the grocer were not only misleading but also unlawful. Ambrose cites California business regulations which make it “unlawful for any person to make any untruthful, deceptive, or misleading environmental marketing claim, whether explicit or implied.”

The Kroger class action lawsuit also references the Federal Trade Commission (FTC) Guides for use of Environmental Marketing Claims, otherwise dubbed the “Green Guides.”

The Green Guides state that “[i]t is deceptive to misrepresent, directly or by implication, that a product or package is compostable.”

“A marketer claiming that an item is compostable should have competent and reliable scientific evidence that all the materials in the item will break down into, or otherwise become part of, usable compost […] in a safe and timely manner […] in an appropriate composting facility,” the Green Guides continue.

Ambrose argues that Kroger has violated these and other regulations by marketing their disposable dinnerware as compostable when the items can not be composted due to PFAS chemicals. The Kroger class action lawsuit also includes claims of breach of warranties and unjust enrichment.

The Kroger customer seeks to represent a Class of consumers who purchased Kroger reusable plates and bowls for personal use. On behalf of himself and these proposed Class Members, Ambrose seeks restitution, disgorgement, compensatory damages, injunctive relief, court costs, and attorneys’ fees.

Did you purchase disposable bowls or plates made by Kroger? Are you worried you have been exposed to toxic chemicals? Let us know in the comments section below.

Ambrose and the proposed Class are represented by Mark N. Todzo and Meredyth Merrow of Lexington Law Group.

The Kroger Toxic Plates Class Action Lawsuit is David Ambrose v. The Kroger Co., Case No. 4:20-cv-04009-DMR, in the U.S. District Court for the Northern District of California.

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