El Pollo Loco class action calls out not-so-recyclable packaging

El Pollo Loco class action lawsuit overview:

• Who: Plaintiff Darko Bogavac filed a class action lawsuit against El Pollo Loco Inc. 
• Why: Bogavac claims El Pollo Loco falsely advertises that its packaging is recyclable, as it allegedly contains certain plastics not commonly recyclable in the state of California. 
• Where: The El Pollo Loco packaging class action lawsuit was filed in a California state court.

A new class action lawsuit alleges fire-grilled chicken restaurant chain El Pollo Loco falsely advertises its packaging as recyclable. 

Plaintiff Darko Bogavac claims El Pollo Loco’s packaging and labeling misleads consumers into believing the materials are recyclable and that he relied on the representations when purchasing El Pollo Loco products. 

Bogavac argues El Pollo Loco’s use of certain plastics — such as #2 HDPE and #5 — is an issue since the plastics are not commonly recycled in California, with many recycling facilities rejecting them.

“(El Pollo Loco) is, or reasonably should be, aware that its statements are false and/or misleading, as its packaging/labeling does not meet the criteria for statewide recyclability,” the El Pollo Loco class action says. 

Bogavac wants to represent a California class of consumers who bought El Pollo Loco products with the allegedly misleading packaging.

El Pollo Loco packaging includes misleading recycling symbol, class action claims

Bogavac argues El Pollo Loco’s packaging, including plastic drink containers, straws, plastic bags and other items, prominently display the “chasing arrows” recycling symbol — which he claims is widely recognized as indicating that a product is recyclable. 

“The ‘recycling’ representations (including the use of the ‘chasing arrows’ symbol) are false, deceptive and/or misleading,” the El Pollo class action says. 

Bogavac claims El Pollo Loco is guilty of violations of California’s Business and Professions Code and Civil Code. 

The plaintiff demands a jury trial and requests declaratory and injunctive relief and an award of statutory penalties and damages for himself and all class members. 

In other poultry-related news, chicken producer George’s settled chicken price-fixing claims with 12 restaurant companies — including White Castle, Bojangles and Golden Corral, among others — in 2022. 

Have you ever purchased an El Pollo Loco product represented as recyclable? Let us know in the comments.

The plaintiff is represented by Eric K. Yaeckel and Ryan T. Kuhn of Sullivan & Yaeckel Law Group, APC.The El Pollo Loco class action lawsuit is Bogavac, et al. v. El Pollo Loco, Inc., Case No. 24CU018405C, in the Superior Court of California, County of San Diego.

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